Exemptive relief granted to permit mutual fund managers to sponsor financial planning educational marketing initiatives.
The applicants sought exemptive relief from subsection 5.1(a) of National Instrument 81-105 to permit them to pay participating dealers for direct costs related to cooperative marketing initiatives whose primary purpose is to provide educational information concerning financial planning matters.
The Ontario Securities Commission granted the requested relief, subject to several conditions, including that the applicants do not require participating dealers to sell their funds and that the educational materials contain only general information.
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.
Exemption from prospectus requirement granted to permit certain marketing activities for MJDS shelf prospectus offerings.
The filer, McEwen Mining Inc., applied to the Ontario Securities Commission for an exemption from the prospectus requirement under s. 74(1) of the Securities Act.
The exemption was sought to permit investment dealers to use standard term sheets, marketing materials, and conduct road shows in connection with future offerings under a final Canadian MJDS shelf prospectus, which are not expressly permitted by NI 71-101.
The Commission granted the exemption, provided the conditions and requirements set out in Part 9A of NI 44-102 are complied with.
Order granted declaring that Nuuvera Inc. has ceased to be a reporting issuer.
The applicant, Nuuvera Inc., applied to the Ontario Securities Commission for an order declaring that it has ceased to be a reporting issuer.
The application followed a plan of arrangement under which Aphria Inc. acquired all outstanding common shares of the applicant.
The Commission found that the applicant met the requirements under the securities legislation and granted the requested order.
Prospectus exemption granted for spin-off distribution of shares to Canadian shareholders.
The applicant applied for an exemption from the prospectus requirements in connection with the spin-off of its electrical business into a newly formed independent company.
The spin-off will be effected by way of a dividend in specie of shares to the applicant's shareholders, including those resident in Canada.
The Commission granted the exemption, noting that the number of Canadian shareholders is de minimis and that they will receive the same disclosure materials as U.S. shareholders.
The first trade in the distributed shares will be subject to the resale restrictions in National Instrument 45-102.
Exemptive relief granted from prospectus delivery and form requirements for at-the-market distribution.
The Filers applied 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 Ontario Securities Commission granted the requested relief, subject to conditions including alternative disclosure regarding purchasers' statutory rights and reporting of sales.
IIROC decision confirmed; contextual factors established a client relationship existed during off-book pre-IPO share transactions.
The applicant, a registered representative, sought a review of an IIROC decision finding he facilitated off-book share purchases for two clients without his firm's knowledge and approval.
The central issue was whether the purchasers were 'clients' at the time of the transactions.
The Commission applied a contextual approach, finding that the applicant gave investment advice, directed the transaction through his firm, and the purchasers reasonably believed they were clients.
The Commission concluded the IIROC panel correctly found a client relationship existed and dismissed the application for review.
Exemptive relief granted from prospectus form, underwriter's certificate, and take-over bid requirements for ETF series.
Arrow Capital Management Inc. applied for exemptive relief on behalf of the Exemplar Investment Grade Fund and other exchange-traded series mutual funds.
The applicant sought exemptions from the requirement to prepare a long-form prospectus, the requirement to include an underwriter's certificate, and the take-over bid requirements for purchasers in the normal course.
The Ontario Securities Commission granted the requested relief, subject to conditions including the filing of a simplified prospectus and annual information form, and the provision of ETF Facts documents to dealers.
Order granted for Mood Media Corporation to cease to be a reporting issuer following a plan of arrangement.
Mood Media Corporation applied for an order to cease to be a reporting issuer in all jurisdictions of Canada where it is a reporting issuer.
The application followed a comprehensive transaction, including a plan of arrangement, which resulted in the acquisition and redemption of all issued and outstanding common shares, the exchange of notes, and the redomiciliation of the corporation to Delaware.
Following the transaction, the corporation had no outstanding securities other than new company shares held by former noteholders, with only one resident in Canada.
The Ontario Securities Commission granted the order, determining that the corporation met the test under the legislation to cease being a reporting issuer.
Settlement approved for law firm partner who failed to pre-clear trades in client securities.
The respondent, a partner at a global law firm, admitted to engaging in conduct contrary to the public interest by failing to pre-clear trades in securities of a client issuer, in violation of his firm's policy.
Although there was no allegation of insider trading or violation of Ontario securities law, the respondent was in a special relationship with the issuer.
The Ontario Securities Commission approved a settlement agreement between Staff and the respondent, finding the agreed-upon sanctions and costs to be reasonable and in the public interest.
Exemptive relief from prospectus and registration requirements granted for global employee share offering.
The applicant, Thales, 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 involved the issuance of units of a temporary French mutual fund to Canadian employees, which would later merge into a principal fund.
The Commission granted the requested relief, subject to conditions regarding the first trade of the securities and the applicant's non-reporting issuer status in Canada.