THE MANITOBA THE SECURITIES ACT ) Order No. 6761 SECURITIES ) COMMISSION Sections 148, 19(5), and 148.3 ) July 10, 2013 BERNARD BOILY WHEREAS: (A) On March 27, 2013, the Ontario Securities Commission ("OSC") issued an order against Bernard Baily ("OSC Order"); (B) On April 9, 2013, 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 Bernard Baily ("BOIL Y"); (C) On June 5, 2013, this hearing matter came before a panel of the Commission and was adjourned by staff to July 10, 2013 at 9:00 a.m. ; (D) BOILY 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, BOILY cease trading in securities for a period that is until the later of March 27, 2028 or such time as the Director of the Commission has received confirmation of full payment of the penalty and costs set out in the OSC Order to the OSC, with the exception that BOIL Y shall be permitted to trade in the Locked-In Retirement Account ("LIRA") held by him at the time of the OSC Order provided that: (a) BOIL Y's LIRA is maintained in an account managed by a person who has exclusive authority to manage BOIL Y's account at the person's discretion, and the person is either (a) an adviser who is registered as an adviser with the applicable provincial securities regulatory authority in Canada; or (b) a dealer who is registered as a dealer with the applicable provincial securities regulatory authority in Canada and is appropriately exempt from the adviser registration requirement; and 500-400 St. 1'ยท1.ary Avenu<', \\'inniP<'~ , ManiWlJ;1 RJC 4KS t el : (20-1) 945.2548 fax: (204) 945.C)3J0 www.msc.i;:ov.mb.c..<1
2 (b) the said dealer or adviser is given a copy of this Order. 2. THAT, 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 BOIL Y for a period that is until the later of March 27, 2028 or such time as the Director of the Commission has received confirmation of full payment of the penalty and costs set out in the OSC Order to the OSC. 3. THAT, pursuant to section 148.3 of the Act, BOIL Y immediately resign any position he holds as a director or officer of any issuer and be prohibited permanently from becoming or acting as a director or officer of any issuer. BY ORDER OF THE COMMISSION DireClO
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.