IN THE MATTER OF THE SECURITIES ACT,R.S.O. 1990,
CHAPTERS S.5, AS AMENDED (the "Act")
IN THE MATTER OF BMO EQUITY INDEX FUND,
BMO PRECIOUS METALS FUND, AND BMO RESOURCE FUND
CINAR CORP.YBM MAGNEX INTERNATIONAL, INC. ANVIL RANGE MINING CORPORATION AND ICE DRILLING ENTERPRISES INC.
WHEREAS the securities of Cinar Corp. ("Cinar") currently are subject to an Order of the Ontario Securities Commission (the "Commission") made on June 20, 2000 (the "Cinar Cease Trade Order") pursuant to section 127 of the Act, ordering that trading in any securities of Cinar cease;
AND WHEREAS the securities of YBM Magnex International, Inc. ("YBM") currently are subject to an Order of the Commission made on May 28, 1998 (the "YBM Cease Trade Order") pursuant to section 127 of the Act, extending a Temporary Cease Trade Order of the Commission made on May 13, 1998, ordering that trading in any securities of YBM cease until a hearing is concluded, which hearing was ordered adjourned sine die by the Commission on August 17, 1998, not to be brought back on by YBM unless and until YBM has filed with the Commission audited statements;
AND WHEREAS the securities of Anvil Range Mining Corporation ("Anvil") currently are subject to an Order of the Commission made on May 25, 1998 (the "Anvil Cease Trade Order") pursuant to section 127 of the Act, ordering that trading in any securities of Anvil cease;
AND WHEREAS the securities of Ice Drilling Enterprises Inc. ("Ice") currently are subject to an Order of the Commission made on April 15, 1999 (the "Ice Cease Trade Order") pursuant to section 127 of the Act, ordering that trading in any securities of Ice cease;
AND WHEREAS BMO Equity Index Fund (the "Index Fund"), BMO Precious Metals Fund (the "Metals Fund"), and BMO Resource Fund (the "Resource Fund") (collectively, the "Vendors") have made application to the Commission pursuant to section 144 of the Act (the "Application") for an order varying the Cinar Cease Trade Order, YBM Cease Trade Order, Anvil Cease Trade Order and Ice Drilling Cease Trade Order (collectively, the "Cease Trade Orders") in order to allow for the disposition by the Index Fund of 18,900 common shares of Cinar and 30,800 securities of YBM, the Metals Fund of 296,800 common shares of Anvil and the Resource Fund of 1,627,900 shares of Ice Drilling respectively (the "Securities") for the purpose of establishing a tax loss;
AND WHEREAS Ontario Securities Commission Policy 57-602 provides that the Commission is prepared to vary an outstanding cease trade order to permit the disposition of securities subject to the cease trade order for the purpose of establishing a tax loss where the Commission is satisfied that the disposition is being made, so far as thesecurityholder is concerned, solely for the purpose of that securityholder establishing a tax loss and provided that the securityholder provides the purchaser with a copy of the cease trade order and the variation order;
AND UPON considering the Application and the recommendation of the staff of Commission;
AND UPON the Vendors having represented to the Commission that:
The Vendors acquired the Securities prior to the issuance of the Cease Trade Orders;
The Vendors will effect the proposed disposition of the Securities (the "Disposition") solely for the purpose of establishing a tax loss in respect of such Disposition;
TD Securities Inc. has agreed to purchase the securities of YBM from the Index Fund at an aggregate purchase price of $1.00;
TD Securities Inc. will purchase and hold the securities of YBM as principal; and
The Vendors will provide the purchasers with a copy of the Cease Trade Orders and this Order;
AND UPON the Commission being of the opinion that to do so would not be prejudicial to the public interest;
IT IS ORDERED pursuant to section 144 of the Act that the Cease Trade Orders be and are hereby varied in order to permit the Disposition.
December 18th, 2000.