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THE SECURITIES ACT |
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Order No. 6293 |
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Section 148 and 148.3 |
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April 6, 2011 |
GIULIANO ANGELO TAMBURRINO
WHEREAS:
(A) On October 7, 2010, the British Columbia Securities Commission ("BCSC") issued a Decision ("BCSC Decision") against Giuliano Angelo Tamburrino ("TAMBURRINO");
(B) Subsequent to the BCSC Decision, TAMBUR RINO sought leave of the Court of Appeal for British Columbia to appeal orders of the BCSC including the BCSC Decision;
(C) On January 6, 2011, 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 Section 148.4 The Securities Act, R.S.M. 1988, c. S50 as amended ("Act") with respect to TAMBURRINO;
( D) On January 6, 2011, TAMBURRINO's application for leave to appeal was granted in part by an in Chambers decision of the Court of Appeal for British Columbia;
(E) The BCSC Decision remains in effect at this time;
(F) TAMBURRINO has consented to the issuance of this Order and has waived his right to a full hearing;
(G) 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, TAMBUR RINO cease trading in securities permanently , except that TAMBURRINO , or an issuer all the securities of which are owned by him or members of his immed iate fa mily, may trade or
purchase securities for his or its own account (other than in consideration for services rendered , finders fees , or for vending assets to public issuers) through not more than two accounts with a registrant, if he first gives the registrant a copy of this order.
2. THAT pursuant to section 148 .3 of the Act, TAMBURRI NO resign any position he holds as a director or officer of any issuer, other than an issuer all the securities of which are owned by him or members of his immediate family, and is prohibited permanently from acting as a director or officer of any issuer , other than an issuer all the securities of which are owned by him or members of his immediate family .
3. THAT in the event the orders of cease trade and director and officer resignation and prohibition against TAMBURRINO as found in the BCSC Decision are varied, struck , replaced by substitution, or otherwise changed as a result of the appeal proceedings identified above , upon the request of TAMBUR RINO, staff of the Commission , or the Commission , this order may be brought back before a panel of the Commission for a review as to its terms and suc h further order as the Commission deems necessary.
BY ORDER OF THE COMMISSION
Director, Legal and Enforcement