First Trust AlphaDEX™ U.S. Financial Sector Index ETF et al. - s. 1.1

Order

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 FIRST TRUST ALPHADEXTM U.S. FINANCIAL SECTOR INDEX ETF, FIRST TRUST ALPHADEXTM U.S. ENERGY SECTOR INDEX ETF, FIRST TRUST ALPHADEXTM U.S. CONSUMER DISCRETIONARY SECTOR INDEX ETF, FIRST TRUST ALPHADEXTM U.S. CONSUMER STAPLES SECTOR INDEX ETF, FIRST TRUST ALPHADEXTM U.S. HEALTH CARE SECTOR INDEX ETF, FIRST TRUST ALPHADEXTM U.S. MATERIALS SECTOR INDEX ETF, FIRST TRUST ALPHADEXTM U.S. INDUSTRIALS SECTOR INDEX ETF, FIRST TRUST ALPHADEXTM U.S. TECHNOLOGY SECTOR INDEX ETF, FIRST TRUST ALPHADEXTM U.S. UTILITIES SECTOR 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 October 22, 2014

"Susan Greenglass"
Director, Market Regulation