OSC 2014

The Filer, a special purpose trust with no outstanding securities, applied for a decision that it is no longer a reporting issuer in multiple Canadian jurisdictions.

The Filer had not filed its 2013 annual continuous disclosure documents pending this application.

The Ontario Securities Commission, as principal regulator, granted the requested exemptive relief, determining that the Filer met the test to cease being a reporting issuer.

The applicant, Counsel Portfolio Services Inc., applied on behalf of Brigata Diversified Portfolio for exemptive relief to extend the lapse date of the fund's simplified prospectus and annual information form.

The extension was requested to align the fund's offering documents with those of 37 other mutual funds managed by the applicant.

The Ontario Securities Commission granted the requested relief, finding it would not be prejudicial to the public interest.

The Filer applied to the Ontario Securities Commission for exemptive relief on behalf of itself and certain investment funds it manages.

The requested relief sought exemptions from the related issuer investment restrictions under the Securities Act and the consent requirements under National Instrument 31-103 to permit a fund-on-fund structure.

The Commission granted the requested relief, subject to conditions including prospectus exemption compliance, fee duplication avoidance, and specific disclosure requirements.

The Filers applied for exemptive relief to extend the lapse date of the simplified prospectus and annual information form for two mutual funds from June 28, 2014, to August 1, 2014.

The extension was requested to align the renewal of the Funds' prospectus with approximately 100 affiliated mutual funds managed by the same manager, allowing for a combined prospectus booklet and consistent operational features.

The principal regulator granted the requested relief, finding it would not affect the accuracy of the information provided to investors and was not prejudicial to the public interest.

The filers, Canadian Tire Corporation and members of its Deferred Profit Sharing Plan Capital Accumulation Plan Committee, applied to the Ontario Securities Commission for exemptive relief from insider reporting requirements.

The relief was sought in respect of certain automatic acquisitions and dispositions of Class A Non-Voting Shares forming part of the CTC Share Fund under a group annuity policy.

The Commission granted the exemption, finding that the trades constituted discrete investment decisions that did not reflect independent investment judgment by the committee members, subject to conditions including annual reporting and disclosure in the corporation's management information circular.

The applicant, FT Portfolio Canada Co., applied for exemptive relief from certain provisions of National Instrument 81-102 to permit its mutual funds (the Top Funds) to invest in exchange-traded funds (the Underlying ETFs) managed by the applicant or its affiliates.

The requested relief included exemptions from the concentration restriction, the control restriction, and prohibitions on paying brokerage commissions for trades in the Underlying ETFs.

The Ontario Securities Commission granted the requested exemptions, subject to conditions including that the Top Funds not short sell the Underlying ETFs and that indirect holdings be limited to 10% of net asset value.

The applicant applied on behalf of a newly established mutual fund for an exemption from the requirement to file an interim management report of fund performance under section 4.2 of National Instrument 81-106.

As the fund had not yet issued securities to the public and held only cash, the interim report would contain minimal information.

The Ontario Securities Commission granted the exemption, finding that the cost of preparing the report would outweigh any benefit.

The Filers applied to the Ontario Securities Commission for an extension of the time limits pertaining to filing a renewal prospectus.

The Filers inadvertently failed to file a pro forma prospectus 30 days before the lapse date as required by the Securities Act.

The Commission granted the exemptive relief, extending the lapse date as requested, finding it would not be prejudicial to the public interest.

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

The Decision Maker was satisfied that the Applicant met the test, as 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 application was granted, and the Applicant was ordered not to be a reporting issuer.

The Filers applied to the Ontario Securities Commission for approval of a change of control of the Manager under subsection 5.5(2) of National Instrument 81-102 Mutual Funds.

U.S. Global Investors (Canada) Ltd. proposed to acquire additional voting shares of the Manager, increasing its ownership from 50% to 65%.

The Commission was satisfied that the change of control would not negatively impact the management and administration of the Funds or the Manager's ability to fulfill its regulatory obligations.

The application for approval was granted.

The Filer applied for exemptive relief under National Instrument 81-102 to permit its asset allocation mutual funds to invest indirectly in physical commodities (other than gold and silver) through investments in Commodity ETFs.

The Principal Regulator granted the relief, subject to conditions including a 10 percent limit on exposure to physical commodities and specific prospectus disclosure requirements.

The Filer, MD Physician Services Inc., applied for exemptive relief from the fund of funds restrictions in clauses 2.5(2)(a) and (c) of National Instrument 81-102.

The relief was sought to permit four mutual funds managed by the Filer to invest up to 10 percent of their net assets in three specific U.S. exchange traded funds that employ absolute return strategies.

The Ontario Securities Commission granted the exemption, subject to conditions including that the U.S. ETFs remain subject to the U.S. Investment Company Act of 1940 and are not commodity pools.

Patheon Inc. applied for a decision under the securities legislation of multiple jurisdictions to cease being a reporting issuer.

Following a court-approved plan of arrangement, the applicant was taken private and its restricted voting shares were delisted from the Toronto Stock Exchange.

The Ontario Securities Commission, acting as principal regulator, granted the requested exemptive relief, noting that the applicant's outstanding securities are beneficially owned by fewer than 15 securityholders in each Canadian jurisdiction and fewer than 51 worldwide.

The Applicant, JDS Uniphase Canada Ltd., 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 its securities are not traded on any marketplace.

The Ontario Securities Commission, acting as the Decision Maker, was satisfied that the statutory test was met and ordered that the Applicant is not a reporting issuer.

The applicant applied to the Ontario Securities Commission and the Alberta regulator for a decision 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, its securities are not traded on a marketplace, and it is not in default of its obligations.

The Commission granted the order, finding the statutory test was met.

The Applicant, Moss Lake Gold Mines Ltd., applied to the Ontario Securities Commission and the Alberta 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.

The applicant applied on behalf of a mutual fund trust for exemptive relief under the Securities Act to extend the lapse date of its simplified prospectus.

The applicant inadvertently failed to file a pro forma prospectus 30 days prior to the lapse date as required by section 62(2) of the Act.

The principal regulator granted the requested exemption, extending the time limits as if the lapse date had been May 2, 2014, allowing the fund to continue distributing its units.

The Filer, a foreign issuer incorporated in the Netherlands, applied for a decision that it is no longer a reporting issuer in the Jurisdictions.

The Filer demonstrated that it has a de minimis market presence in Canada, with Canadian residents beneficially owning less than 2% of its outstanding securities and comprising less than 2% of its total securityholders.

The Filer's securities are not traded on any Canadian marketplace, and it has no intention of distributing securities to the public in Canada.

The Ontario Securities Commission, acting as principal regulator, granted the requested exemptive relief.

The applicants, Blumont Capital Corporation and Sprott Asset Management LP, sought approval from the Ontario Securities Commission for a change of manager of several mutual funds.

The change of manager was necessitated by Sprott Asset Management LP acquiring the rights to manage the funds from Blumont Capital Corporation.

The Commission determined that the proposed transaction would not be detrimental to the protection of investors or prejudicial to the public interest.

The application for approval under section 5.5(1)(a) of National Instrument 81-102 was granted.

Fidelity Investments Canada ULC applied for exemptive relief from subsection 5.1(a) of National Instrument 81-105 to permit it to pay participating dealers for direct costs incurred relating to cooperative marketing initiatives whose primary purpose is providing educational information on financial planning matters.

The Ontario Securities Commission granted the exemption, subject to conditions including that the Filer does not require dealers to sell its funds and that the materials contain only general educational information.