Omega ATS -- s. 15.1 of NI 21-101 Marketplace Operation

Headnote

Section 15.1 of National Instrument 21-101 Marketplace Operation (21-101) -- exemption granted from the requirement in subsection 6.4(2) of 21-101 to file an amendment to Form 21-101F2 45 days prior to the implementation of changes made to Form 21-101F2 regarding Exhibit G (Fees).

Applicable Legislative Provision

Securities Act, R.S.O. 1990, c. S.5, as am.

National Instrument 21-101 Marketplace Operation, s. 15.1.

IN THE MATTER OF

THE SECURITIES ACT,

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

AND

IN THE MATTER OF

OMEGA ATS

ORDER

(Section 15.1 of National Instrument 21-101

Marketplace Operation (NI 21-101))

UPON the application (the "Application") of Omega ATS (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 6.4(2) to file an amendment to the information previously provided in Form 21-101F2 (the "Form") regarding Exhibit G (Fees) 45 days before implementation of the fee changes (the "45 day filing requirement");

AND UPON the Applicant filing an updated Form F2 on September 30, 2011, describing a fee change to be implemented November 1, 2011 (the "Fee Change");

AND UPON considering the Application and the recommendation of staff of the Commission;

AND UPON the Applicant having represented to the Director as follows.

1. The Applicant is carrying on business as an alternative trading system and is registered as a dealer with the Ontario Securities Commission.

2. The Applicant would like to implement changes to its fee schedule on November 1, 2011.

3. These changes are being implemented after extensive consultation with subscribers of the Applicant. Seven days advance notice will be provided to subscribers, as required by the Subscriber Agreement.

4. 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.

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

IT IS ORDERED by the Director that pursuant to section 15.1 of NI 21-101 the Applicant is exempted from the 45 day filing period for the Fee Change.

DATED this 12th day of October, 2011