Securities Law & Instruments

[Editor’s Note: This decision was previously published at (2106), 39 OSCB 6159 with errors in the style of cause and headnote. These errors were corrected online on July 14, 2016 and this publication replaces the previous publication.)


National Policy 11-203 Process for Exemptive Relief Applications in Multiple Jurisdictions – issuer deemed to be no longer a reporting issuer under securities legislation.

Applicable Legislative Provisions

Securities Act, R.S.O. 1990, c. S.5, as am., s. 1(10)(a)(ii).

June 23, 2016

Citation: Re Brickburn Small Cap Class, 2016 ABASC 173

Dentons Canada LLP
15 Floor, Bankers Court
850 - 2 Street SW
Calgary, AB T2P 0R8

Attention: Patricia Anderson

Dear Madam:

Re:         Brickburn Small Cap Class (the Applicant) – Application for a decision under the securities legislation of Alberta, Saskatchewan, Manito-ba, Ontario, Québec, Nova Scotia and New Brunswick (the Jurisdictions) that the Applicant is not a reporting issuer

The Applicant has applied to the local securities regulatory authority or regulator (the Decision Maker) in each of the Jurisdictions for a decision under the securities legislation (the Legislation) of the Jurisdictions that the Applicant is not a reporting issuer.

In this decision, “securityholder” means, for a security, the beneficial owner of the security.

The Applicant has represented to the Decision Makers that:

(a)           the outstanding securities of the Appli-cant, including debt securities, are bene-ficially owned, directly or indirectly, by fewer than 15 securityholders in each of the jurisdictions of Canada and fewer than 51 securityholders in total world-wide;

(b)           no securities of the Applicant, including debt securities, are traded in Canada or another country on a marketplace as defined in National Instrument 21-101 Marketplace Operation or any other facility for bringing together buyers and sellers of securities where trading data is publicly reported;

(c)           the Applicant is applying for a decision that it is not a reporting issuer in all of the jurisdictions of Canada in which it is currently a reporting issuer; and

(d)           the Applicant is not in default of any of its obligations under the Legislation as a reporting issuer.

Each of the Decision Makers is satisfied that the test contained in the Legislation that provides the Decision Maker with the jurisdiction to make the decision has been met and orders that the Applicant is deemed to have ceased to be a reporting issuer and that the Applicant’s status as a reporting issuer is revoked.

“Denise Weeres”
Manager, Legal
Corporate Finance