Ontario Securities Commission

The Applicant, Engineering.com Incorporated, 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.

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

The applicant demonstrated 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 a decision under the securities legislation of Alberta, Saskatchewan, Manitoba, and Ontario 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 are not traded on any marketplace.

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

The Filer, Donville Kent Asset Management Inc., applied for exemptive relief from the mutual fund conflict of interest restrictions in the Securities Act.

The relief was sought to allow the Top Funds to invest in more than 20% of the outstanding voting securities of an underlying fund, creating a fund-on-fund structure.

The Ontario Securities Commission granted the requested relief, subject to several conditions including that the securities of the Top Fund are distributed solely pursuant to prospectus exemptions and that no duplicative management or sales fees are payable.

The applicant applied for exemptive relief on behalf of two commodity pools from the investment restrictions in subsections 2.5(2)(a), (b), and (c) of National Instrument 81-102.

The relief was sought to permit the funds to gain exposure to a portfolio of assets through a second commodity pool, in response to adverse tax regulations that prevented the use of forward agreements.

The Ontario Securities Commission granted the requested relief, subject to conditions including that the exposure to the underlying portfolio not exceed 10% of the net asset value of the funds.

The Applicant applied to the securities regulatory authorities in Ontario, Alberta, and Manitoba 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 Ontario Securities Commission granted the application, deeming the Applicant to have ceased to be a reporting issuer.

The applicant applied to the Ontario Securities Commission for approval to change the custodian of a mutual fund from RBC Investor Services Trust to Canadian Imperial Bank of Commerce.

The change was sought to create administrative efficiencies, as the proposed custodian already acted as custodian for the applicant's other mutual funds.

The Commission granted the requested exemptive relief, finding it met the legislative test.

The applicant sought exemptive relief from the prospectus requirement and waiting period communication restrictions under the Securities Act in connection with the use of road show materials during a U.S. cross-border offering.

The applicant argued that if National Instrument 41-101 applied, it would meet the exemption requirements for marketing materials, but NI 71-101 states NI 41-101 does not apply to MJDS offerings.

The principal regulator granted the requested relief.

The Filer, a mutual fund manager, 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.

The relief was sought specifically for initiatives where the primary purpose is to provide educational information concerning financial, tax, or estate planning matters.

The Ontario Securities Commission granted the requested relief, subject to conditions ensuring the information is purely educational, no sales are required, and appropriate disclosures are made.

The Filer, Timbercreek Asset Management Ltd., applied for exemptive relief from the self-dealing prohibition in section 13.5(2)(a) of National Instrument 31-103.

The relief allows non-redeemable investment funds managed by the Filer to invest in securities of underlying sub-funds under common management, domiciled in Luxembourg.

The Ontario Securities Commission granted the exemption, subject to conditions including that the investment is compatible with the top funds' objectives, avoids duplication of management fees, and is subject to specific disclosure requirements.

The Filer, CT 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 its proposed acquisition of the Burlington Property.

The acquisition triggered the significance tests due to the Filer's pre-IPO financial statements reflecting nominal assets.

Using post-IPO financial metrics, the acquisition was de minimis and not significant from a practical, commercial, business, or financial perspective.

The principal regulator granted the requested exemption and the request for confidentiality.

The applicant, Sun Life Global Investments (Canada) Inc., applied on behalf of the Sun Life Schroder Emerging Markets Fund for exemptive relief from sections 2.5(2)(a) and 2.5(2)(c) of National Instrument 81-102.

The relief was sought to permit the fund to invest up to 10% of its net asset value in a Luxembourg-based underlying fund that invests in frontier markets.

The principal regulator granted the exemption, noting that the underlying fund is subject to European Union regulations substantially similar to NI 81-102, provided that the fund complies with specified disclosure and divestment conditions.

The applicants, a registered dealer and an investor communications provider, applied for exemptive relief from the prospectus delivery requirements under the Securities Act.

They sought permission to use proprietary technology to deliver the most recently filed Fund Facts document instead of a simplified prospectus to satisfy delivery requirements for mutual fund purchases.

The Ontario Securities Commission granted the relief, subject to conditions including that investors be provided with equivalent rights of withdrawal and rescission upon receipt of the Fund Facts, and that the relief would terminate on the effective date of the Stage 2 Amendments to the point of sale disclosure project.

The Filer applied for exemptive relief from the mutual fund self-dealing restrictions in the Securities Act to allow its top funds to invest in underlying funds under common management.

The Ontario Securities Commission granted the requested relief, subject to conditions including that the top funds are distributed solely pursuant to prospectus exemptions, the investments are compatible with the top funds' objectives, and appropriate disclosure is provided to investors regarding potential conflicts of interest.

The Filers applied for exemptive relief from the prohibition in section 4.1(1) of National Instrument 81-102 to permit their dealer-managed mutual funds to invest in non-government debt securities during a distribution, or the 60-day period following, where a related dealer acts as an underwriter and the securities lack a designated rating.

The Ontario Securities Commission granted the relief, subject to conditions including independent review committee approval, independent underwriter participation, and pricing and volume restrictions.

The applicant sought exemptive relief from certain derivatives and custodial requirements under National Instrument 81-102 to permit its mutual funds to enter into swap transactions cleared through a clearing corporation.

The relief was required due to new U.S. requirements under the Dodd-Frank Act to clear over-the-counter derivatives, including swaps.

The Ontario Securities Commission granted the requested relief, subject to conditions regarding the deposit of cash and portfolio assets as margin with Futures Commission Merchants, treating cleared swaps similarly to other cleared derivatives.

The applicant, Raymond James & Associates, Inc., applied for exemptive relief from certain disclosure requirements under National Instrument 33-105 and OSC Rule 45-501.

The relief sought pertained to the Connected Issuer Disclosure, Related Issuer Disclosure, and Right of Action Disclosure in offering memorandums for foreign security private placements to permitted clients in Canada.

The Ontario Securities Commission granted the requested relief subject to specific conditions, including the provision of a notice to prospective purchasers and compliance with U.S. disclosure requirements for underwriter conflicts of interest.

The Filer applied for exemptive relief from the requirement under section 8.4 of National Instrument 51-102 to include certain historical financial statements in a business acquisition report.

The Filer had acquired properties but was unable to obtain the necessary historical accounting records for one of the properties despite making every reasonable effort.

The Ontario Securities Commission granted the requested relief, subject to the condition that the Filer include alternative specified financial statements in the report.

The applicant, 1832 Asset Management L.P., applied for exemptive relief on behalf of existing and future mutual funds from certain derivatives and custodial requirements under National Instrument 81-102.

The relief was sought to permit the funds to enter into swap transactions cleared through a clearing corporation, in response to new U.S. requirements under the Dodd-Frank Act to clear over-the-counter derivatives.

The Ontario Securities Commission granted the requested relief, subject to conditions regarding the deposit of cash and portfolio assets as margin with Futures Commission Merchants, treating cleared swaps similarly to other cleared derivatives.

The Filers applied to the Ontario Securities Commission for approval of a change of manager for the Redwood Energy Growth Class mutual fund from Redwood Asset Management Inc. to Aston Hill Asset Management Inc. The Commission granted the exemptive relief, finding that the change of manager was not detrimental to unitholders or contrary to the public interest, provided that prior securityholder approval is obtained.