Alpha Exchange Inc. -- s. 101.2

Headnote

Order by the Commission designating Alpha Exchange Inc. as an exchange for the purposes of section 101.2 of the Securities Act, R.S.O. 1990, c. S.5, as am.

Applicable Legislative Provision

Securities Act, R.S.O. 1990, c. S.5, as am. ss. 101.2, 101.2(5).

IN THE MATTER OF

THE SECURITIES ACT,

R.S.O. 1990, CHAPTER S.5, AS AMENDED

(Act)

AND

IN THE MATTER OF

ALPHA EXCHANGE INC.

DESIGNATION ORDER

(Section 101.2 of the Act)

WHEREAS by order dated December 8, 2011, the Commission recognized each of Alpha Trading Systems Limited Partnership and Alpha Exchange Inc. (Alpha Exchange) as an exchange pursuant to section 21 of the Act, effective the later of: (a) February 1, 2012; or (b) the date the operations of Alpha ATS Limited Partnership have been legally transferred to Alpha Exchange, and subject to the terms and conditions;

AND WHEREAS Alpha Exchange operates two separate and distinct listing markets referred to as "Alpha Main" and "Alpha Venture Plus";

AND WHEREAS Alpha Exchange has adopted rules for normal course issuer bids for issuers listing on each of Alpha Main and Alpha Venture Plus;

AND WHEREAS pursuant to section 101.2(1) of the Act, an issuer bid that is made in the normal course through the facilities of a designated exchange is exempt from the formal bid requirements if the bid is made in accordance with the by-laws, rules, regulations and policies of that exchange;

AND WHEREAS pursuant to section 101.2(5), the Commission may designate an exchange for the purposes of section 101.2;

AND UPON the Commission being satisfied that to do so would not be prejudicial to the public interest;

THE COMMISSION designates Alpha Exchange as a designated exchange for the purposes of section 101.2.

[OSC Web Editor's Correction Note dated 2012-05-17: The date “April 24, 2012” was inadvertently omitted from the Designation Order published at (2012), 35 OSCB 4499]