CNSX Markets Inc. -- s. 15.1 of NI 21-101 Marketplace Operation and s. 6.1 of OSC Rule 13-502 Fees
Section 15.1 of National Instrument 21-101 Marketplace Operation (NI 21-101) and section 6.1 of OSC Rule 13-502 Fees (Rule 13-502) -- exemption granted to CNSX Markets Inc. from the requirement in paragraph 3.2(1)(b) of NI 21-101 to file an amendment to Form 21-101F1 45 days prior to implementation of a fee change and from the requirements in Appendix C (item E(1) and item E(2)(a)) of Rule 13-502 to pay fees related to CNSX Markets Inc.'s exemption application.
IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
AND
IN THE MATTER OF
CNSX MARKETS INC.
ORDER
(Section 15.1 of National Instrument 21-101 (NI 21-101)
and section 6.1 of OSC Rule 13-502 Fees)
UPON the application (the "Application") of CNSX Markets Inc. (the "Applicant") to the Director for an order pursuant to section 15.1 of NI 21-101 exempting the Applicant from the requirement in paragraph 3.2(1)(b) to file an amendment to the information previously provided in Form 21-101F1 (the "Form") regarding Exhibit N (fees) 45 days prior to implementation (the "45 day filing requirement");
AND UPON the Applicant filing an updated Form on March 29, 2010, describing a fee change to be implemented on a date no earlier than April 9, 2010 (the "Fee Change")
AND UPON the application by the Applicant (the "Fee Exemption Application") to the Director for an order pursuant to section 6.1 of OSC Rule 13-502 exempting the Applicant from the requirement to pay an activity fee of (a) $5,000 in connection with the Application in accordance with section 4.1 and item E(1) of Appendix C of OSC Rule13-502, and (b) $1,500 in connection with the Fee Exemption Application (Appendix C, item E(2)(a));
AND UPON considering the Application and the Fee Exemption Application and the recommendation of staff of the Commission;
AND UPON the Applicant having represented to the Director as follows:
1. The Applicant is a recognized stock exchange in Ontario with its head office in Toronto,
2. The Applicant has extensively consulted with industry participants prior to arriving at the new fee model and plans to provide notice to the industry prior to implementation of the resulting fee schedule changes,
3. The current multi-market trading environment requires frequent changes to the fees and fee model to remain competitive and it has become unduly burdensome to delay 45 days before responding to participants' needs and/or competitors' initiatives,
4. The policy rationale behind the 45 day filing requirement, which the Applicant understands is to provide Commission staff with an opportunity to analyze the changes and determine if any objections should be raised prior to implementation, can be met in a shorter period, and
5. Given that the notice period was created prior to multi-markets becoming a reality, and in light of the current competitive environment and the limited and highly technical nature of the exemption being sought, it would become unduly onerous to pay fees in these circumstances;
AND UPON the Director being satisfied to do so would not be prejudicial to the public interest;
IT IS ORDERED by the Director:
(a) pursuant to section 15.1 of NI 21-101 that the Applicant is exempted from the 45 day filing period for the Fee Change, and
(b) pursuant to section 6.1 of OSC Rule 13-502 that the Applicant is exempted from:
(i) paying an activity fee of $5,000 in connection with the Application, and
(ii) paying an activity fee of $1,500 in connection with the Fee Exemption Application
provided that the Fee Change has been filed at least 7 business days prior to implementation.
DATED this 8th day of April, 2010