Order: Katanga Mining Limited v Ontario Securities Commission

KATANGA MINING LIMITED

(Applicant)

- and -

ONTARIO SECURITIES COMMISSION

(Respondent)

File No. 2024-16

March 14, 2025

ORDER

(Section 17 of the Securities Act, RSO 1990, c S.5, subsection 2(2) of the Tribunal Adjudicative Records Act, 2019, SO 2019, c 7, Sched 60, and Rule 8(4) of the Rules of Procedure)

WHEREAS the Capital Markets Tribunal held a confidential hearing by videoconference on February 13, 2025, to consider an Application made by Katanga Mining Limited pursuant to section 17 of the Securities Act for an order permitting Katanga to disclose certain information received from the Ontario Securities Commission in connection with the Commission’s confidential investigation of Katanga to internal and external counsel of Katanga’s parent company, Glencore International AG and Glencore plc;

WHEREAS on February 14, 2025, the Tribunal granted the relief sought by Katanga on the Application and issued a Confidential Order whereby the adjudicative records in this application were marked as confidential, and requested submissions from the parties on whether the adjudicative records in this application should remain confidential;

ON READING the written joint submission of Katanga and the Commission and on considering that the parties consent to this order;

IT IS ORDERED THAT:

1. pursuant to subsection 2(2) of the Tribunal Adjudicative Records Act,2019 and rule 8(4) of the Tribunal’s Rules of Procedure (the Rules), the following materials shall be made available to the public:
   1. order of the Tribunal dated January 16, 2025;
   2. order of the Tribunal dated February 14, 2025, excluding Schedule “A” to that Order;
   3. the Tribunal’s Reasons for Decision dated March 3, 2025; and
2. pursuant to subsection 2(2) of the Tribunal Adjudicative Records Act, 2019 and rule 8(4) of the Rules, the remaining materials filed in connection with the application continue to be marked as confidential and shall not be made available to the public, subject to further order of the Tribunal.