Order: Katanga Mining Limited v Ontario Securities Commission

KATANGA MINING LIMITED

- and -

ONTARIO SECURITIES COMMISSION

File No. 2025-12

September 4, 2025

ORDER

(Section 17 of the 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 of the Rules of Procedure)

WHEREAS on August 20, 2025, the Capital Markets Tribunal held a confidential hearing by videoconference regarding the scheduling of an application brought by Katanga Mining Limited for an order permitting Katanga to disclose certain information pursuant to s. 17 of the Securities Act;

ON reading the materials filed by the parties and on hearing the submissions of the representatives for Katanga and for the Ontario Securities Commission;

IT IS ORDERED THAT:

1. the Commission shall serve and file its responding affidavit(s) by 4:30 p.m. on September 2, 2025;
2. Katanga shall serve and file its written submissions by 4:30 p.m. on September 12, 2025;
3. the Commission shall serve and file its responding written submissions by 4:30 p.m. on October 3, 2025;
4. the merits hearing of the application is scheduled for November 11, 2025, at 10:00 a.m., by videoconference, or on such other date or time as may be agreed to by the parties and set by the Governance & Tribunal Secretariat;
5. pursuant to rule 8(2) of the Rules of Procedure, the merits hearing of the application shall be held in the absence of the public;
6. pursuant to rule 8(4) of the Rules of Procedure, all materials filed in connection with the application are marked as confidential and shall not be made available to the public, except as provided for in paragraphs 7 and 8 of this order and subject to further order of the Tribunal;
7. all materials filed in connection with the application may be shared with
   1. Shaun Teichner – General Counsel, Glencore;
   2. Sarah Steece – Counsel, Glencore;
   3. any member or members of Clifford Chance LLP, Glencore’s external legal counsel in the United Kingdom, or its barrister team, who Clifford Chance LLP determines require authorization to review the materials, and who have signed and delivered acknowledgements to the Commission that they are bound by the confidentiality provisions of section 16 of the Act; and
8. this order shall be made available to the public.