Exemptive relief granted to ETFs from underwriter's certificate and prospectus form requirements.
Questrade Wealth Management Inc. applied for exemptive relief on behalf of its existing and future exchange-traded funds (ETFs).
The applicant sought exemptions from the requirement to include an underwriter's certificate in the ETFs' prospectuses and the requirement to include a prescribed statement respecting purchasers' statutory rights.
The Ontario Securities Commission granted the requested exemptions, subject to conditions including the filing and delivery of a Summary Document or ETF Facts, and revoked a previous decision that had granted temporary relief.
Exemptive relief granted to BlackRock ETFs from underwriter's certificate and prospectus form requirements.
The filer, BlackRock Asset Management Canada Limited, applied for exemptive relief on behalf of its existing and future exchange-traded funds (ETFs).
The requested relief sought exemptions from the requirement to include an underwriter's certificate in the ETFs' prospectuses and the requirement to include a prescribed statement respecting purchasers' statutory rights.
The Ontario Securities Commission granted the requested exemptions, subject to conditions including the filing and delivery of a Summary Document or ETF Facts document to purchasers.
Previous decisions granting similar relief were revoked and replaced by this decision.
Exemptive relief granted to permit top funds to invest in underlying funds despite substantial securityholder restrictions.
The Filer applied for exemptive relief on behalf of itself and certain top funds to permit them to invest in underlying funds where they may become substantial securityholders, and where officers, directors, or substantial securityholders of the Filer may have a significant interest.
The Ontario Securities Commission granted the requested relief, subject to conditions including that securities of the top funds are distributed solely pursuant to prospectus exemptions, investments are compatible with fundamental investment objectives, and no duplicative fees are payable.
Exemptive relief granted for Pethealth Inc. to cease being a reporting issuer following acquisition.
Pethealth Inc. applied for a decision that it is no longer a reporting issuer in British Columbia, Alberta, Ontario, and Québec following a statutory plan of arrangement where Fairfax Financial Holdings Limited acquired all of its outstanding shares.
The Ontario Securities Commission, acting as principal regulator, granted the exemptive relief sought, noting that the Filer's securities are beneficially owned by fewer than 15 securityholders in each Canadian jurisdiction and fewer than 51 worldwide, and its common shares were delisted from the Toronto Stock Exchange.
Exemptive relief granted from prospectus and registration requirements for global employee share offering.
The Filer, Arcadis N.V., applied to the Ontario Securities Commission for exemptive relief from the prospectus and dealer registration requirements of the Securities Act.
The relief was sought to allow the Filer to extend its global employee share offering to Canadian employees.
The Commission granted the requested relief, subject to conditions regarding the first trade of the shares.
Exemptive relief granted declaring the Filer is no longer a reporting issuer.
The Filer, a special purpose trust with no outstanding securities, applied for a decision that it is no longer a reporting issuer in multiple Canadian jurisdictions.
The Filer had not filed its 2013 annual continuous disclosure documents pending this application.
The Ontario Securities Commission, as principal regulator, granted the requested exemptive relief, determining that the Filer met the test to cease being a reporting issuer.
Prospectus exemption granted for distribution of warrants under a dividend reinvestment plan.
The Filer, Constellation Software Inc., applied for an exemption from the prospectus requirements under the Securities Act for the distribution of warrants to purchase common shares in connection with its dividend reinvestment plan.
The Ontario Securities Commission granted the exemption, subject to conditions including that the aggregate number of common shares issued upon exercise of the warrants in each financial year not exceed 2% of the issued and outstanding common shares.
Application for an order deeming the issuer to have ceased to be a reporting issuer granted.
The applicant applied for a decision under the securities legislation of multiple jurisdictions to be deemed to have ceased to be a reporting issuer.
Following a plan of arrangement, all of the applicant's issued and outstanding common shares were acquired by a single entity, and its shares were delisted from the Toronto Stock Exchange and NYSE MKT.
The Ontario Securities Commission, acting as principal regulator, granted the requested exemptive relief.
Application for an order that the applicant has ceased to be a reporting issuer granted.
The applicant, Altamont Exploration Corp., applied for an order under the Securities Act that it has ceased to be a reporting issuer in Ontario and Alberta.
The applicant had filed a prospectus for an initial public offering but never completed it, and all of its outstanding securities were beneficially owned by fewer than 50 securityholders resident in British Columbia.
The Ontario Securities Commission granted the requested exemptive relief, finding that the applicant met the statutory requirements and that there would be no prejudice to any person in Ontario or Alberta.
Exemptive relief granted for merged mutual funds to cease being reporting issuers.
The Filer, Caldwell Investment Management Ltd., applied on behalf of two mutual funds for a decision that the funds are no longer reporting issuers in the applicable jurisdictions.
Following a merger, the Filer became the sole unitholder of the funds and waived all rights to receive continuous disclosure documents.
The funds were kept alive solely to preserve tax losses and had no other assets or liabilities.
The Ontario Securities Commission granted the requested exemptive relief, finding it was not prejudicial to the public interest.
Exemptive relief granted to exchange-traded fund from take-over bid and underwriter's certificate requirements.
The applicant, Invesco Canada Ltd, applied for exemptive relief on behalf of an exchange-traded fund from the take-over bid requirements and the requirement that the fund's prospectus contain an underwriter's certificate.
The Ontario Securities Commission granted the requested relief, subject to the condition that purchasers of units provide an undertaking not to exercise voting rights for units representing more than 20% of the outstanding units.
The relief was granted with a sunset clause terminating on November 30, 2012, or upon an amendment addressing prospectus delivery obligations.
Exemptive relief granted declaring the applicant is no longer a reporting issuer.
The Filer, Global X Development Corp., applied to the Ontario Securities Commission for a decision that it is no longer a reporting issuer.
The Filer had filed a prospectus but never completed its initial public offering, has no active business, and its securities are beneficially owned by fewer than 51 security holders in Canada.
The Commission granted the requested exemptive relief, ordering that the Filer is not a reporting issuer.
Exemptive relief granted for modified Dutch auction issuer bid from proportionate and extension take-up requirements.
The applicant applied for exemptive relief from the proportionate take-up and extension take-up requirements under the Securities Act in connection with an issuer bid conducted via a modified Dutch auction.
The Ontario Securities Commission granted the requested exemptions, provided the applicant complies with the described take-up mechanics, the liquid market exemption, and U.S. Regulation 14E.
The Filer applied for a decision that it is not a reporting issuer under the securities legislation of Ontario and Alberta.
The Filer had filed a prospectus but never completed its initial public offering, has no active business, and its securities are beneficially owned by fewer than 15 security holders in each jurisdiction and fewer than 51 in total in Canada.
Exemptive relief granted to permit mutual and pooled funds to invest in related party securities.
The applicant, Invesco Trimark Ltd., applied for exemptive relief on behalf of its mutual funds and pooled funds to permit them to invest in non-exchange-traded debt securities and exchange-traded securities of related persons.
The Ontario Securities Commission granted the requested relief, subject to several conditions including approval by the funds' independent review committees, pricing requirements, and limits on the size of primary offerings the funds can purchase.
Exemptive relief granted for the Filer to cease being a reporting issuer.
The Filer, 0879597 B.C. Ltd., applied for a decision under the securities legislation of Ontario and Alberta to cease to be a reporting issuer.
The Filer was formed by the amalgamation of Garson Gold Corp. and 0876785 B.C. Ltd. following a plan of arrangement.
The Filer has outstanding warrants exercisable into securities of its parent company, Alexis Minerals Corporation, held by 18 securityholders resident in Ontario.
The Filer has no intention of accessing capital markets in the future.
The Ontario Securities Commission granted the requested exemptive relief, ordering that the Filer is no longer a reporting issuer.
Exemptive relief granted for the Filer to cease being a reporting issuer following a business combination.
The Filer, San Anton Resource Corporation, applied for a decision to be deemed to have ceased to be a reporting issuer under the securities legislation of Alberta, British Columbia, and Ontario.
Following a business combination, the Filer became an indirect wholly-owned subsidiary of Kings Minerals NL, and its outstanding securities are beneficially owned by fewer than 15 security holders in each jurisdiction of Canada.
Exemptive relief granted declaring the Filer is not a reporting issuer after withdrawing its prospectus.
Porter Aviation Holdings Inc. applied for an order that it is not a reporting issuer under applicable securities laws.
The Filer became a reporting issuer upon the issuance of a receipt for a prospectus, but subsequently withdrew the public offering and no securities were distributed.
Exemptive relief granted from prospectus and registration requirements for a foreign issuer's employee share offering.
The Filer, a French issuer, applied for exemptive relief from the prospectus and dealer registration requirements for trades in units of special purpose entities made in connection with a global employee share offering to Canadian participants.
The Ontario Securities Commission granted the relief, subject to conditions, noting that the special purpose entities are subject to local supervision, Canadian participants will receive disclosure documents, and the number of Canadian participants is de minimis.
Exemptive relief granted declaring the amalgamated Filer is no longer a reporting issuer.
Vault Minerals Inc. applied for an order under the Securities Act that it is no longer a reporting issuer in Ontario, British Columbia, and Alberta.
Following an amalgamation, the Filer became a wholly-owned subsidiary of Queenston Mining Inc., and its common shares were delisted from the TSX Venture Exchange.
The Ontario Securities Commission, acting as principal regulator, granted the requested exemptive relief, noting that the Filer has no intention to seek public financing and its securities are not traded on any marketplace.