THE MANITOBA THE SECURITIES ACT ) Order No. 6912 SEC U RITIES ) COMMISS IO N Sections 148, 19(5) and 148.3 ) April 23, 2014 BRIAN R. KIRKHAM WHEREAS: (A) On September 18, 2013, the Director, Enforcement of the Alberta Securities Commission ("ASC") entered into a Settlement Agreement and Undertaking with Brian R. Kirkham. ("KIRKHAM"); (B) On February 19, 2014, The Manitoba Securities Commission ("Commission") issued a Notice of Hearing ("Notice") giving notice of its intention to hold a hearing to consider pursuant to section 148.4 of The Securities Act, R.S.M. 1988, c. S50 as amended ("Act") whether or not it was in the public interest to grant orders pursuant to sections 148, 19(5) and 148.3 of the Act with respect to KIRKHAM; (C) This hearing matter came before a panel of the Commission on April 23, 2014; (D) Upon reviewing the documentary evidence including the Affidavit of Service and hearing the submissions of counsel for staff of the Commission , no one appearing for the respondent, and upon being satisfied as to service upon the respondent, 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, KIRKHAM cease trading in securities, up to and including September 18, 2020, except for trades made through a registrant , who has been given a copy of this order, in a personal brokerage account, a registered retirement savings plan, a tax-free savings account, or a registered education savings plan , for the benefit of one or more of himself, his spouse, and his children. 2. THAT, pursuant to section 148.3 of the Act, up to and including September 18, 2020, KIRKHAM be prohibited from becoming or acting as either a director or an officer of any issuer and immediately resign any such positions he currently holds, except that KIRKHAM may act as a director or officer of Geniers T.V. Colour Sales Ltd. and Kirkham Holdings Ltd ., provided those two companies continue to be owned and operated solely by KIRKHAM and his immediate family. 3. 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 500-400 St. Mi!ry Ave nue, Winnil>ei.:, ManiWtli1 R3C 4KS tel: {Z<:Hl 945 .2548 fax: (204) 945 .o:uo ww"'-m~.gov.mb .ca
19(2) of the Act, with respect to such of the securities referred to in that subsection, do not apply to KIRKHAM up to and including September 18, 2020. BY ORDER OF THE COMMISSION 2 Acting Director
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