OSC authorizes Staff to disclose compelled records to CRIA without notice to facilitate investor restitution.
Enforcement Staff of the Ontario Securities Commission applied for an order authorizing the disclosure of certain radio advertisements, interviews, and transcripts to the Ministry of the Attorney General's Civil Remedies for Illicit Activities Office (CRIA).
The records were required to provide notice to investors about the claims and distribution process for returning funds collected from a fraudulent scheme.
The Commission granted the application, finding it in the public interest to allow CRIA to communicate through the same channels used to solicit investors, and authorized the disclosure without notice to the respondents.
Exemptive relief granted to permit investment funds to invest in underlying public and pooled funds.
The Filer, Picton Mahoney Asset Management, applied for exemptive relief to permit its Top Funds to invest in Underlying Funds, including Public Funds, which would otherwise be prohibited by the investment restrictions in the Securities Act.
The Ontario Securities Commission granted the requested relief, revoking and replacing a prior decision, subject to several conditions including that the investments are compatible with the Top Funds' objectives, no duplicative fees are charged, and appropriate disclosure is provided to investors.
Exemptive relief granted to permit mutual funds to invest in related underlying real asset funds.
TD Asset Management Inc. applied for exemptive relief on behalf of certain mutual funds (the Top Funds) to permit them to invest in related underlying funds (the Mortgage Fund, Real Estate Fund, and Infrastructure Fund).
The relief sought exemptions from the related issuer restriction and the consent requirement under securities legislation.
The Ontario Securities Commission granted the requested relief, subject to several conditions regarding liquidity, valuation, fee duplication, and disclosure.
Exemptive relief granted to permit top funds to invest in underlying funds as substantial security holders.
Ninepoint Partners LP applied for exemptive relief on behalf of certain top funds to permit them to invest in underlying funds managed by third-party managers, even if such investments would result in the top funds becoming substantial security holders of the underlying funds.
The Ontario Securities Commission granted the requested relief, subject to conditions including that the investments are consistent with the top funds' objectives, no duplicative fees are charged, and appropriate disclosure is provided to investors.
Settlement approved for reporting issuer and directors involving $28.5M payment and director bans for misleading disclosure.
Staff of the Ontario Securities Commission alleged that a reporting issuer and seven of its former officers and directors contravened Ontario securities law by making materially misleading disclosures regarding copper production and financial performance, failing to maintain adequate internal controls, and providing inadequate risk disclosure.
The respondents admitted to the contraventions and to conduct contrary to the public interest.
The Commission approved a settlement agreement requiring the corporate respondent to make a $28.5 million voluntary payment and pay $1.5 million in costs, while the individual respondents agreed to pay administrative penalties ranging from $350,000 to $2.45 million, pay $50,000 each in costs, and be subject to director and officer bans.
The Commission found the settlement fell within a range of reasonable outcomes and was in the public interest.
Settlement approved for foreign brokerage firm that allowed Ontario residents to trade without registration.
Staff of the Ontario Securities Commission sought approval of a settlement agreement with eToro (Europe) Limited, a Cyprus-based brokerage firm. eToro admitted to breaching Ontario securities law by operating an online trading platform that allowed Ontario residents to trade contracts for differences (CFDs) without being registered or filing a prospectus.
Despite previous assurances to Staff that it did not accept trades from Ontario residents, eToro opened nearly 2,500 accounts for Ontario investors.
The Commission approved the settlement, finding it in the public interest, and ordered an administrative penalty of $550,000, disgorgement of $1,791,163, and costs of $25,000, noting eToro's cooperation and implementation of enhanced compliance procedures.
Settlement approved for former general counsel who traded securities while company was in acquisition due diligence.
The respondent, former general counsel for Pacific Rubiales Energy Corporation, traded in the company's debentures while the company was involved in a due diligence process regarding a potential acquisition.
As the person responsible for supervising the company's Insider Trading Policy, the respondent failed to adhere to the high standard of conduct expected of him by not erring on the side of caution, despite his good faith belief that he did not possess material undisclosed information.
The Ontario Securities Commission approved a settlement agreement wherein the respondent admitted his conduct was contrary to the public interest, agreed to a $30,000 voluntary payment, a reprimand, $10,000 in costs, and undertakings to obtain external legal advice for future trades and complete an educational program.