BMO S&P/TSX Equal Weight Industrials Index ETF et al. -- s. 1.1 of OSC Rule 48-501 Trading During Distributions, Formal Bids and Share Exchange Transactions

Headnote

Certain mutual funds designated as exchange-traded funds for the purposes of OSC Rule 48-501.

Rules Cited

Ontario Securities Commission Rule 48-501 Trading During Distributions, Formal Bids and Share Exchange Transactions, s. 1.1.

IN THE MATTER OF

ONTARIO SECURITIES COMMISSION RULE 48-501 -

TRADING DURING DISTRIBUTIONS, FORMAL BIDS

AND SHARE EXCHANGE TRANSACTIONS

(Rule)

AND

IN THE MATTER OF

BMO S&P/TSX EQUAL WEIGHT INDUSTRIALS INDEX ETF

BMO S&P/TSX EQUAL WEIGHT GLOBAL GOLD INDEX ETF

BMO S&P 500 INDEX ETF

BMO S&P/TSX LADDERED PREFERRED SHARE INDEX ETF

(the Funds)

DESIGNATION ORDER

Section 1.1

WHEREAS each of the Funds is or will be listed on the Toronto Stock Exchange;

AND WHEREAS under the Universal Market Integrity Rules (UMIR), each Fund is considered an Exempt Exchange-traded Fund that is not subject to prohibitions related to trading during certain securities transactions;

AND WHEREAS the definition of "exchange-traded fund" in the Rule is substantially similar to the definition of Exempt Exchange-traded Fund in UMIR, and the purpose of the Rule and UMIR are substantially similar;

THE DIRECTOR HEREBY DESIGNATES each of the Funds as an exchange-traded fund for the purposes of the Rule.

DATED November 12, 2012