THE SECURITIES ACT ) Order No. 6095 ) Section 148 and 148.3 ) March 31, 2010 AMENDED AND RESTATED KERRY JOHN O’NEILL WHEREAS: (A) On September 9, 2009, the Executive Director of the British Columbia Securities Commission (“BCSC”) entered into a settlement (“Settlement”) with Kerry John O’Neill (“O’NEILL”) and made an order against him (“BCSC Order”); (B) In the Settlement, O’NEILL consented to any securities regulator in Canada relying upon the facts admitted in the Settlement solely for the purpose of making an order similar to the one contemplated in the Settlement; (C) On March 1, 2010, 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 O’NEILL; (D) O’NEILL has consented to the issuance of this Order and has waived his right to a full hearing; (E) 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, O’NEILL cease trading in securities permanently, except that he may trade in one account in his own name through a registered representative if he provides a copy of this Order to the registered representative before any trade.
Page 2 2. THAT, pursuant to section 148.3 of the Act, O’NEILL resign any position he may hold as a director or officer of any issuer and be permanently prohibited from becoming or acting as a director or officer of any issuer. BY ORDER OF THE COMMISSION Director, Legal and Enforcement
IN THE MATTER OF: THE SECURITIES ACT IN THE MATTER OF: KERRY JOHN O’NEILL TAKE NOTICE THAT on March 31, 2010 The Manitoba Securities Commission ("MSC") issued an order in this matter bearing the number 6051. Number 6051 was assigned in error, having previously been assigned to an earlier order in another matter. TAKE FURTHER NOTICE THAT staff of the MSC have corrected the numbering error and the Amended and Restated Order No. 6095 has been issued. DATED at Winnipeg, Manitoba on April 6, 2010. -and- Notice Douglas R. Brown Secretary to the Commission
THE SECURITIES ACT ) Order No. 6051 ) Section 148 and 148.3 ) March 31, 2010 KERRY JOHN O’NEILL WHEREAS: (A) On September 9, 2009, the Executive Director of the British Columbia Securities Commission (“BCSC”) entered into a settlement (“Settlement”) with Kerry John O’Neill (“O’NEILL”) and made an order against him (“BCSC Order”); (B) In the Settlement, O’NEILL consented to any securities regulator in Canada relying upon the facts admitted in the Settlement solely for the purpose of making an order similar to the one contemplated in the Settlement; (C) On March 1, 2010, 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 O’NEILL; (D) O’NEILL has consented to the issuance of this Order and has waived his right to a full hearing; (E) 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, O’NEILL cease trading in securities permanently, except that he may trade in one account in his own name through a registered representative if he provides a copy of this Order to the registered representative before any trade.
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