Headnote Securities Act (Ontario) - relief granted to cease being a reporting issuer in the provinces of Canada - filer able to make necessary representations for granting relief on a simplified basis under OSC Staff Notice 12 -703 - Preferred Format of Applications to the Director under Clause 1(10)(b)Section 83 of the Securities Act.
Applicable Legislative Provisions
Securities Act(Ontario), section 1(10)
December 16, 2011
Acker Finley Canada Focus Fund
c/o McMillan LLP
Brookfield Place
181 Bay Street
Toronto, Ontario
M5J 2T3
Attention: Mr. Stephen Genttner
Dear Sirs/Mesdames:
Re: Acker Finley Canada Focus Fund (the Applicant) - Application for a decision under the securities legislation of Ontario, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Newfoundland and Labrador and Prince Edward Island (the Jurisdictions) that the Applicant is not a reporting issuer
The Applicant has applied to the local securities regulatory authority or regulator (the Decision Maker) in each of the Jurisdictions for a decision under the securities legislation (the Legislation) of the Jurisdictions that the Applicant is not a reporting issuer.
As the Applicant has represented to the Decision Makers that:
(a) the outstanding securities of the Applicant, including debt securities, are beneficially owned, directly or indirectly, by fewer than 15 security holders in each of the jurisdictions in Canada and fewer than 51 security holders in total in Canada;
(b) no securities of the Applicant are traded on a marketplace as defined in National Instrument 21-101 Marketplace Operation;
(c) the Applicant is applying for a decision that it is not a reporting issuer in all of the jurisdictions in Canada in which it is currently a reporting issuer; and
(d) the Applicant is not in default of any of its obligations under the Legislation as a reporting issuer,
each of the Decision Makers is satisfied that the test contained in the Legislation that provides the Decision Maker with the jurisdiction to make the decision has been met and orders that the Applicant is not a reporting issuer.
“Darren McKall”
Darren McKall
Manager, Investment Funds Branch
Ontario Securities Commission