OSC 2013

The applicant applied to the Ontario Securities Commission 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 that 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.

Oromin Explorations Ltd. applied for a decision that it is no longer a reporting issuer following its acquisition by Teranga Gold Corporation through a plan of arrangement.

Although the Applicant was in default of certain interim financial filing obligations, its outstanding securities were beneficially owned by fewer than 15 securityholders in each Canadian jurisdiction and fewer than 51 worldwide.

The Ontario Securities Commission granted the requested exemptive relief.

The Applicant, Sun-Rype Products Ltd., applied for a decision under the securities legislation of multiple jurisdictions that it is not a reporting issuer.

The Decision Makers were satisfied that the Applicant met the test, as 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 application was granted, and the Applicant was ordered to no longer be a reporting issuer.

The Filer applied for exemptive relief from the prohibitions in subsection 15.6(d) of National Instrument 81-102 to allow the Harvest Canadian Income & Growth Fund to show performance data for the period prior to its conversion from a closed-end fund to a mutual fund.

The principal regulator granted the requested relief, noting that the fund is managed in substantially the same manner post-conversion and any material differences will be disclosed.

The Filers, a real estate investment trust and a finance trust, applied for exemptive relief from certain continuous disclosure, certification, and short form prospectus requirements.

The Filers sought to prepare, file, and deliver combined financial statements due to their stapled unit structure.

The Ontario Securities Commission granted the requested exemptions, subject to conditions including that the Filers continue to file combined financial statements under IFRS and comply with specified audit and certification requirements.

The Filer applied for exemptive relief from the prospectus requirements under National Instrument 41-101 and OSC Rule 56-501 in respect of future distributions of restricted securities.

The Filer was created pursuant to a plan of arrangement involving Dundee Corporation.

The Ontario Securities Commission granted the requested exemptions, subject to the condition that any subsequent restricted security reorganization complies with the applicable provisions.

The manager of the Scotia Income Advantage Fund applied for exemptive relief under section 6.1 of National Instrument 81-101.

The applicant sought an exemption from subsection 2.1(2), which prohibits filing a prospectus more than 90 days after the receipt for the preliminary prospectus.

The Director granted the requested exemption, extending the filing deadline to November 22, 2013.

The Filer, BMO Nesbitt Burns Inc., applied to the Ontario Securities Commission for exemptive relief to extend the prospectus lapse date for several mutual funds from October 23, 2013, to December 17, 2013.

The extension was requested to allow the funds to continue operations and accept pre-authorized purchases until their scheduled mergers into affiliated funds on December 13, 2013.

The Commission granted the requested relief, noting that the extension would not impact the currency of disclosure.

The Filer applied for exemptive relief from the requirement to obtain unitholder approval before changing the fundamental investment objectives of the Fund.

The change was necessitated by federal budget amendments eliminating certain tax benefits associated with character conversion transactions.

The principal regulator granted the exemption, provided the Filer sends a written notice to unitholders at least 60 days before the effective date of the change, explaining the change and noting that the Fund will no longer provide tax-advantaged returns after the expiration of its forward agreement.

The Filer, Seaborne Minerals Inc., applied for an order that it has ceased to be a reporting issuer in Ontario and Alberta.

The Filer had filed a prospectus but never completed its initial public offering, and all of its securityholders are resident in British Columbia.

The Ontario Securities Commission, acting as principal regulator, granted the requested relief, finding that the Filer met the requirements and that there was no prejudice to any person in Alberta or Ontario.

The applicant sought exemptive relief from certain provisions of National Instrument 81-102 to permit its mutual funds to invest up to 10 percent of their net assets in exchange-traded funds that have exposure to physical commodities other than gold or silver.

The principal regulator granted the relief, subject to conditions including that the ETFs are traded on a Canadian or U.S. stock exchange and that the funds' total exposure to physical commodities does not exceed 10 percent.

The Applicant, Holland Global Capital Corporation, applied for a decision under the securities legislation of Ontario, Saskatchewan, Manitoba, and Alberta 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 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, Castle Silver Mines 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 application, ordering that the Applicant is not a reporting issuer.

The Filer, Kingwest & Company, applied on behalf of itself and certain mutual funds for exemptive relief from the conflict of interest restrictions in the Securities Act (Ontario).

The requested relief would permit the top funds to invest in more than 20% of the outstanding voting securities of underlying funds managed by the Filer, creating a fund-on-fund structure.

The Ontario Securities Commission granted the requested relief, subject to conditions including that the top funds are distributed solely pursuant to prospectus exemptions, no duplicative fees are charged, and the Filer will not vote the securities of the underlying funds held by the top funds.

The applicants sought exemptive relief from the prospectus delivery requirements under the Securities Act to permit dealers to send or deliver a Fund Facts document instead of a simplified prospectus to purchasers of mutual fund securities.

The Ontario Securities Commission granted the relief, subject to conditions including that investors be provided with equivalent rights of withdrawal and rescission as if they had received a simplified prospectus.

The relief includes a sunset clause terminating upon the coming into force of legislation or rules relating to the delivery of Fund Facts.

The applicant, GCIC Ltd., applied for exemptive relief from the self-dealing prohibition in s. 13.5(2)(b) of National Instrument 31-103 to permit the merger of the Dynamic Power Emerging Markets Fund into the Dynamic Power Hedge Fund.

The Ontario Securities Commission granted the requested relief, finding that the merger would not adversely affect unitholders and would be in their best interests by offering improved portfolio diversification and economies of scale.

The applicant applied to the Ontario Securities Commission for a decision that it is no longer a reporting issuer under securities legislation.

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 Filer, a real estate investment trust, applied for exemptive relief from the requirement to file a business acquisition report (BAR) under Part 8 of National Instrument 51-102 in respect of an indirect acquisition of an industrial property.

The Filer argued that the acquisition was not significant from a practical or commercial perspective, and that applying the standard significance tests produced anomalous results due to the Filer's recent formation and lack of historical financial statements.

The Ontario Securities Commission granted the requested exemptive relief.

The Filers, Geron Corporation and Asterias Biotherapeutics, Inc., applied for an exemption from the prospectus requirements under the Securities Act to permit the distribution of shares and warrants by way of a pro rata dividend in specie to Canadian shareholders.

The Filers are U.S. public companies with a de minimis number of Canadian shareholders and are not reporting issuers in Canada.

The Ontario Securities Commission granted the requested exemptive relief, noting that no investment decision was required from the Canadian shareholders to receive the distributions.

The Filer, Granite REIT Holdings Limited Partnership, applied for exemptive relief from the short form prospectus and shelf prospectus eligibility requirements under NI 44-101 and NI 44-102.

The Filer sought to distribute debt securities guaranteed by its parent entities, Granite REIT and Granite GP, while relying on previously granted continuous disclosure relief.

The Ontario Securities Commission granted the requested exemptions, subject to the condition that the Filer continue to comply with the conditions of its continuous disclosure relief and that the parent entities' stapled units remain listed on a short form eligible exchange.

Confidentiality relief was also granted for a limited period.