| THE SECURITIES ACT | ) |
Order No. 5772 |
) |
||
| Section 148, 148.3 and 19(5) | ) |
September 17, 2008 |
TRACY LEE KROEKER, TOLAN SHIGEO FURUSHO,
AND BEVERLY KAMERLING
WHEREAS:
(A) On October 9, 2007, the Alberta Securities Commission ("ASC") issued a decision ("ASC Decision") against Tracy Lee Kroeker ("KROEKER"), Tolan Shigeo Furusho ("FURUSHO"), and Beverly Kamerling ("KAMERLING");
(B) On July 29, 2008, The Manitoba Securities Commission ("Commission") issued a Notice of Hearing ("Notice") giving notice of its intention to hold a hearing to consider whether or not it was in the public interest to grant orders pursuant to The Securities Act, R.S.M. 1988, c. S50 as amended ("Act") with respect to KROEKER, FURUSHO, and/or KAMERLING;
(C) On September 17, 2008, the hearing as against KAMERLING and KROEKER proceeded before a panel of the Commission, staff having requested that the hearing as against FURUSHO be adjourned to a date to be announced;
(D) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission, no one appearing for the respondents, and upon reviewing the Affidavits of Service, filed, and being satisfied as to service upon the respondents, the Commission is of the opinion that it is in the public interest to make this order.
IT IS ORDERED:
1. THAT, pursuant to section 148 of the Act, KROEKER cease trading in securities and that furthermore pursuant to subsection 19(5) of the Act, subsection 19(1) of the Act, with respect to such of the trades referred to in that subsection, and subsection 19(2) of the Act, with respect to such of the securities referred to in that subsection, do not apply to KROEKER until October 9, 2014, except that as to all of the foregoing these orders shall not preclude KROEKER from trading in securities as principal, or for a registered education savings plan for the benefit of her child, through accounts maintained with a registrant who has first been given a copy of this order.
2. THAT, pursuant to section 148.3 of the Act, KROEKER resign any position she holds as a director or officer of any issuer and be prohibited from becoming or acting as a director or officer or both of any issuer until October 9, 2014, except that this order shall not preclude her from serving as a director or officer or both of an issuer that is not a reporting issuer under the Act and does not distribute securities to the public.
3. THAT, pursuant to section 148 of the Act, KAMERLING cease trading in securities and that furthermore pursuant to subsection 19(5) of the Act, subsection 19(1) of the Act, with respect to such of the trades referred to in that subsection, and subsection 19(2) of the Act, with respect to such of the securities referred to in that subsection, do not apply to KAMERLING permanently, except that as to all of the foregoing these orders shall not preclude KAMERLING from trading in securities over an exchange as principal through accounts maintained with a registrant who has first been given a copy of this order.
4. THAT, pursuant to section 148.3 of the Act, KAMERLING resign any position she holds as a director or officer or both of any issuer and be prohibited from becoming or acting as a director or officer or both of any issuer permanently.
5. THAT this hearing matter as against FURUSHO be adjourned to a date to be announced.
BY ORDER OF THE COMMISSION
Director