OSC 2012

The Applicant, TMX Group Inc., applied for a decision under the securities legislation of multiple jurisdictions that it is no longer a reporting issuer.

The Applicant represented that its outstanding securities are beneficially owned by fewer than 15 securityholders in each Canadian jurisdiction and fewer than 51 worldwide, and its securities are not traded on any marketplace.

The Ontario Securities Commission granted the requested relief, ordering that the Applicant is not a reporting issuer.

The Applicant, Lifebank Corp., applied to the Ontario Securities Commission and the Alberta securities regulatory authority for a decision that it is no longer a reporting issuer.

The Applicant represented that its outstanding securities are beneficially owned by fewer than 15 securityholders in each Canadian jurisdiction and fewer than 51 worldwide, and its securities are not traded on any marketplace.

The Commission granted the requested relief, ordering that the Applicant is not a reporting issuer.

The applicant applied for exemptive relief on behalf of an exchange-traded fund.

The applicant sought relief from take-over bid requirements for purchasers of units and an exemption from the requirement that the fund's prospectus contain an underwriter's certificate.

The Ontario Securities Commission granted the requested exemptions, subject to the condition that purchasers making a take-over bid undertake not to exercise voting rights for units representing more than 20% of outstanding votes.

The underwriter certificate exemption was granted subject to a sunset clause.

The applicants sought exemptive relief from the mutual fund conflict of interest restrictions in the Securities Act (Ontario).

The relief would allow the top funds to make and hold investments in more than 20% of the outstanding voting securities of underlying funds managed by the same or affiliated managers.

The Ontario Securities Commission granted the requested exemption, subject to conditions including that the top funds are distributed solely pursuant to prospectus exemptions and that there is no duplication of management or incentive fees.

The applicant, Invesco Canada Ltd., applied for exemptive relief on behalf of several mutual funds from certain provisions of National Instrument 81-102.

The relief sought to permit the funds to invest up to 10% of their net asset value in gold, silver, and commodity ETFs, and to pay brokerage commissions associated with these investments.

The Ontario Securities Commission granted the requested relief, subject to conditions including limits on exposure to specific commodity sectors and disclosure requirements in the funds' prospectuses.

The applicant, ING Direct Asset Management Limited, applied for approval of an indirect change of control under Section 5.5(2) of National Instrument 81-102 Mutual Funds.

The change of control resulted from the sale of ING Bank of Canada to The Bank of Nova Scotia.

The principal regulator granted the approval, noting that there were no plans to change the manager of the funds or to amalgamate the current manager with any other entity in the foreseeable future.

ONE Financial Corporation applied for exemptive relief from the seed capital redemption restrictions in section 3.2(2)(a) of National Instrument 81-104 for its commodity pools.

The Ontario Securities Commission granted the relief, permitting the manager to redeem its initial $50,000 investment once the pool has received at least $5 million in subscriptions from outside investors, subject to certain conditions including maintaining excess working capital.

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.

The Funds applied to the Director of the Ontario Securities Commission for exemptive relief under section 19.1 of National Instrument 41-101.

The relief sought was an exemption from subsection 2.3(1), which prohibits filing a final prospectus more than 90 days after the receipt for the preliminary prospectus.

The Director granted the requested exemption, provided the final prospectus is filed no later than October 31, 2012.

The applicant filed for exemptive relief to extend the lapse date of its prospectus by 20 days.

The extension was requested because a third-party filing agent inadvertently filed the pro forma prospectus under an incorrect SEDAR file number, delaying the principal regulator's review.

The Ontario Securities Commission granted the relief, finding that the extension would not affect the currency or accuracy of the prospectus information and would not be prejudicial to the public interest.

The Filer applied to the Ontario Securities Commission for exemptive relief from certain custody requirements under National Instrument 81-102.

The relief sought to permit the Funds to hold physical bullion outside Canada and to appoint Brinks or Via Mat as sub-custodians for the bullion.

The Commission granted the exemption, subject to conditions including prospectus disclosure of the unique risks and limitations on the locations where the bullion may be held.

The Filer applied for exemptive relief from the requirement to file a business acquisition report under section 8.2 of National Instrument 51-102.

The Filer had recently completed an acquisition that would be considered significant based on its most recent interim financial statements.

However, the Filer argued that significance should be calculated based on pro forma financial statements that reflected recent growth, under which the acquisition would not be significant.

The Ontario Securities Commission granted the requested exemption.

The Applicant, Extorre Gold Mines Limited, applied to the Ontario Securities Commission and other jurisdictions for a decision that it is no longer a reporting issuer.

The Applicant represented that its outstanding securities are beneficially owned by fewer than 15 securityholders in each Canadian jurisdiction and fewer than 51 worldwide, and its securities are not traded on any marketplace.

The Commission was satisfied that the statutory test was met and ordered that the Applicant is not a reporting issuer.

The Applicant, Continental Nickel Limited, applied for a decision under the securities legislation of Alberta and Ontario that it is not a reporting issuer.

The Decision Makers were satisfied that the outstanding securities of the Applicant are beneficially owned by fewer than 15 securityholders in each jurisdiction of Canada and fewer than 51 securityholders worldwide, and that no securities are traded on a marketplace.

The application was granted, and the Applicant was ordered to no longer be a reporting issuer.

The Filer, Cee Gee Financial Services Trust, applied to the Ontario Securities Commission for an exemption from the prospectus and registration requirements under the Securities Act.

The Filer sought to distribute non-transferable promissory notes to specified qualified persons, primarily partners and related entities of Ernst & Young LLP, to fund the firm and its affiliates.

The Commission granted the exemptive relief, subject to conditions restricting the transferability of the notes and requiring the provision of financial information to investors.

The Applicant, Xceed Mortgage Trust, applied for a decision that it is no longer a reporting issuer under the securities legislation of multiple jurisdictions.

The Applicant represented that its outstanding securities are beneficially owned by fewer than 15 securityholders in each Canadian jurisdiction and fewer than 51 worldwide, and its securities are not traded on any marketplace.

The Ontario Securities Commission granted the application, ordering that the Applicant is not a reporting issuer.

The Applicant applied for a decision under the securities legislation of Ontario and Alberta that it is not a reporting issuer.

The Applicant represented that its securities are beneficially owned by fewer than 15 securityholders in each Canadian jurisdiction and fewer than 51 worldwide, and are not traded on any marketplace.

The Decision Makers were satisfied that the statutory test was met and ordered that the Applicant is not a reporting issuer.

The Filer, a global natural resources royalties company, applied for exemptive relief from section 2.2 of National Instrument 43-101.

The Filer sought to use foreign mineral resource and reserve categories (such as the JORC Code and SEC Industry Guide 7) in its disclosure relating to properties underlying its royalty interests, without reconciling them to CIM standards.

The Ontario Securities Commission granted the exemption, subject to conditions including that the disclosure must be extracted from publicly available information of issuers trading on specified exchanges and must include proximate cautionary language.

The Filer applied for exemptive relief on behalf of mutual funds from certain restrictions in National Instrument 81-102 Mutual Funds regarding securities lending transactions.

The funds invest in Canadian equity securities pledged to a counterparty for forward contracts.

The relief permits the funds to lend up to 100% of their equity portfolio, use an agent other than the custodian, and not hold the collateral under the custodian, provided certain conditions are met.

The principal regulator granted the requested exemptions.

The Applicant applied for a decision under the securities legislation of multiple jurisdictions that it is not a reporting issuer.

The Applicant represented that its outstanding securities are beneficially owned by fewer than 15 securityholders in each Canadian jurisdiction and fewer than 51 worldwide, and that its securities are not traded on any marketplace.

The Decision Maker found the statutory test was met and ordered that the Applicant is not a reporting issuer.