Exemptive relief granted from prospectus and registration requirements for French issuer's employee share offering.
The Filer, a French issuer, applied for exemptive relief from the prospectus and dealer registration requirements of the Securities Act in connection with a global employee share offering.
The offering involved the use of collective employee shareholding vehicles (FCPEs) under French law.
The Ontario Securities Commission granted the requested relief, subject to conditions including resale restrictions and the provision of disclosure documents to Canadian participants.
Exemptive relief granted from prospectus and registration requirements for a French employee share offering using FCPEs.
The Filer, Compagnie de Saint-Gobain, applied to the Ontario Securities Commission for exemptive relief from the prospectus and dealer registration requirements in connection with a global employee share offering.
The offering involves the use of collective employee shareholding vehicles (FCPEs) under French law.
The Filer could not rely on the standard employee prospectus and registration exemptions because the shares were offered through the FCPEs rather than directly to the employees.
The Commission granted the requested relief, subject to conditions regarding the first trade of the securities.
Exemptive relief granted from prospectus delivery and form requirements for at-the-market distributions.
The Filers applied to the Ontario Securities Commission for exemptive relief from the prospectus delivery requirement and certain prospectus form requirements in connection with at-the-market (ATM) distributions of trust units.
The Commission granted the relief, noting that prospectus delivery is not practicable in an ATM distribution where the dealer does not know the identity of the purchasers.
The relief was granted subject to conditions, including the filing of a modified forward-looking issuer certificate and specific disclosure regarding purchasers' statutory rights.
Exemptive relief granted to permit pooled funds to invest in limited partnerships using a fund-on-fund structure.
The applicant, Highwater Capital Management Corp., applied for exemptive relief from the mutual fund conflict of interest investment restrictions of the Securities Act and the self-dealing prohibition of National Instrument 31-103.
The relief was sought to permit top funds to invest in underlying funds structured as limited partnerships, creating a fund-on-fund structure.
The Ontario Securities Commission granted the requested relief, subject to conditions including that the top funds are distributed in the private placement market, no duplication of fees occurs, and appropriate disclosure is provided to investors.
Exemptive relief granted declaring the Australian filer is no longer a reporting issuer in Canada.
The Filer, an Australian corporation, applied for a decision that it is not a reporting issuer under the securities legislation of multiple Canadian jurisdictions.
The Filer demonstrated that Canadian residents beneficially own less than 2% of its outstanding shares and represent less than 2% of its total shareholders worldwide.
The Filer also undertook to continue delivering to Canadian securityholders all disclosure material required by Australian reporting requirements.
The principal regulator, the Ontario Securities Commission, granted the requested exemptive relief.
Exemptive relief granted for Spanish corporation to cease being a reporting issuer in Canada.
The Filer, a Spanish corporation, applied for a decision to be deemed to have ceased to be a reporting issuer in multiple Canadian jurisdictions.
The Filer demonstrated that Canadian residents beneficially own less than 2% of its outstanding securities and represent less than 2% of its total beneficial shareholders.
The Filer has no intention of seeking public financing in Canada and its securities do not trade on any Canadian market.
The Ontario Securities Commission, as principal regulator, granted the requested exemptive relief.
Exemption granted from 10-day insider reporting requirement for automatic securities disposition plan sales.
Kinross Gold Corporation applied for an exemption from the insider reporting requirements under the Securities Act for its senior executives participating in an automatic securities disposition plan (ASDP).
The ASDP facilitates the automatic sale of common shares issued under a restricted share plan.
The Ontario Securities Commission granted the exemption, permitting participating insiders to file an annual summary report of their dispositions under the ASDP rather than reporting each transaction within 10 days, provided they comply with the plan's restrictions and representations regarding material undisclosed information.
Exemption from prospectus requirement granted for first trade of shares distributed under scrip dividend scheme.
The filer, a UK public company, applied for an exemption from the prospectus requirement for the first trade of ordinary shares distributed to Canadian shareholders under a scrip dividend scheme.
The filer did not fully meet the conditions of the first trade exemption in section 2.14 of National Instrument 45-102 because Canadian residents held more than 10% of the total issued and outstanding shares.
The Ontario Securities Commission granted the requested relief, provided that the first trade is made through an exchange or market outside of Canada or to a person or company outside of Canada.
Exemptive relief granted declaring the inactive investment fund is no longer a reporting issuer.
The Filer, an investment fund, applied for a decision under the Process for Exemptive Relief Applications in Multiple Jurisdictions that it is no longer a reporting issuer.
The Filer had redeemed all of its publicly held shares, and its only outstanding securities were held by its promoter.
The Ontario Securities Commission, acting as principal regulator, granted the requested exemptive relief, noting that the Filer had no material assets, was inactive, and had no securities traded on a marketplace in Canada.
Exemptive relief granted declaring PBS Coals Limited is no longer a reporting issuer.
PBS Coals Limited applied for an order that it is no longer a reporting issuer under the securities legislation of Alberta and Ontario.
Following a takeover bid by 7027940 Canada Limited, the offeror acquired all outstanding shares, including through compulsory acquisition.
The shares were delisted from the TSX.
Exemptive relief granted to permit a fund-on-fund structure subject to conditions against duplicate fees.
The applicants, Artemis Investment Management Limited and Alpha Scout RSP Fund, applied to the Ontario Securities Commission for exemptive relief from certain mutual fund investment restrictions under the Securities Act.
The relief was sought to permit a fund-on-fund structure where the top funds would invest in an underlying fund managed by the same entity.
The Commission granted the requested exemption, subject to conditions including the avoidance of duplicate management fees and the provision of specific disclosures to investors.
Exemptive relief granted from registration and prospectus requirements for a foreign issuer's employee share offering.
The applicant, a French issuer, applied for exemptive relief from the dealer registration and prospectus requirements under the Securities Act in connection with a global employee share offering.
The offering involved the use of collective employee shareholding vehicles (FCPEs) and could not rely on the standard employee exemption because shares were offered through the FCPEs rather than directly.
The Ontario Securities Commission granted the requested relief, subject to conditions including restrictions on the first trade of the acquired units or shares.
Exemptive relief granted to permit inter-fund trades between a hedge fund and related mutual funds.
Goodman & Company, Investment Counsel Ltd. applied for exemptive relief from the inter-fund trading prohibition under the Securities Act to permit a hedge fund to sell securities to related public mutual funds.
The Ontario Securities Commission granted the relief, subject to conditions including that the trades comply with National Instrument 81-107 and be approved by the Independent Review Committees of the respective funds.
Exemptive relief granted to permit inter-fund trades subject to IRC approval and pricing conditions.
The filer, Leith Wheeler Investment Counsel Ltd., applied for exemptive relief from the self-dealing provisions of the Securities Act to permit inter-fund trades between its mutual funds, pooled funds, and managed accounts.
The Ontario Securities Commission granted the requested relief, subject to conditions including that the trades comply with the pricing and transparency requirements of National Instrument 81-107 and receive approval from the Independent Review Committee or client consent.
Exemptive relief granted to mutual funds from conflict of interest investment and reporting requirements.
The applicant, CI Investments Inc., applied for exemptive relief on behalf of several mutual funds from the mutual fund conflict of interest investment restrictions and reporting requirements under the Securities Act.
The relief was sought to permit the top funds to continue investing in underlying reference funds after the reference funds ceased distributing securities under a simplified prospectus.
The Ontario Securities Commission granted the requested exemption, subject to the condition that the investments comply with section 2.5 of National Instrument 81-102, except as permitted by prior relief.
Exemptive relief granted to permit mutual funds to invest in related underlying commodity pools.
The applicants, T.E. Investment Counsel Inc. and JovFunds Management Inc., applied to the Ontario Securities Commission for exemptive relief on behalf of several mutual funds.
The applicants sought relief from the mutual fund conflict of interest investment restrictions and reporting requirements under the Securities Act (Ontario) to permit the top funds to invest in underlying commodity pools (Horizons BetaPro ETFs and Funds).
The Commission granted the requested relief, permitting the investments provided they comply with section 2.5 of National Instrument 81-102, as modified by a concurrent exemptive relief decision.
Exemptive relief granted to hold unredacted share purchase agreement in confidence indefinitely.
The Filer, FirstService Corporation, applied for a decision to hold in confidence an unredacted share purchase agreement previously filed on SEDAR.
The agreement contained intimate financial, personal, and commercially sensitive information.
The Filer subsequently filed a redacted version of the agreement.
The Commission granted the requested exemptive relief, ordering that the unredacted agreement be held in confidence indefinitely, as the redacted information was not material to investors and its disclosure would be seriously prejudicial.
Exemption from formal issuer bid requirements granted for pro rata repurchase of preferred shares.
The filer applied for an exemption from the formal issuer bid requirements under the Securities Act to repurchase preferred shares from three sophisticated institutional investors.
The Ontario Securities Commission granted the exemption, noting that the preferred shareholders are accredited investors who do not require the protections of a formal issuer bid circular, and that the repurchases will be made on a pro rata basis with the agreement of all holders.