Order: In the Matter of Katanga Mining Limited et al.

IN THE MATTER OF
KATANGA MINING LIMITED, ARISTOTELIS MISTAKIDIS, TIM HENDERSON, LIAM GALLAGHER, JEFFREY BEST, JOHNNY BLIZZARD, JACQUES LUBBE and MATTHEW COLWILL

File No. 2020-37

Timothy Moseley, Vice-Chair and Chair of the Panel
M. Cecilia Williams, Commissioner
Lawrence P. Haber, Commissioner

    January 6, 2021

ORDER

(Section 144 of the
Securities Act, RSO 1990, c S.5)

WHEREAS the Ontario Securities Commission held a hearing in writing to consider an Application made by Katanga Mining Limited (Katanga), dated November 2, 2020, to vary the terms of an order issued by the Commission on December 18, 2018 (the Settlement Approval Order), relating to a settlement agreement entered into on December 14, 2018, among Katanga, Staff of the Commission (Staff), and the individual respondents; and

WHEREAS the Settlement Approval Order required the review by an independent consultant (the Consultant) of certain of Katanga’s metals accounting practices and procedures;

ON READING the Application Record and the submissions of Katanga, and on being advised that Staff consents to the making of this order;

IT IS ORDERED, for reasons to follow, that:

1. pursuant to Rule 6(4) of the Ontario Securities Commission Rules of Procedure and Forms,(2019) 42 OSCB 9714 (the Rules), the requirement of Rule 15(2) of the Rules that Katanga serve on the individual respondents the Application and Notice of Hearing is waived; and
2. Katanga may conclude the review of its practices and procedures by the Consultant on terms acceptable to Katanga and the Consultant, and thereafter, Katanga and the Consultant shall be released from any further obligations referred to in Schedule “A” of the Settlement Approval Order.

" Timothy Moseley "
Timothy Moseley