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THE SECURITIES ACT |
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Order No. 7427 |
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Sections 148, 19(5), 148.3 and 8 |
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September 27, 2017 |
DWIGHT VICTOR SPAETGENS
WHEREAS:
(A) On March 8, 2017, the Alberta Securities Commission (“ASC”) issued a Decision against Dwight Victor Spaetgens (“ASC Decision”);
(B) On June 8, 2017, 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 Dwight Victor Spaetgens (“SPAETGENS”);
(C) On September 27, 2017, this hearing matter came before a panel of the Commission;
(D) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission and of the respondent, self-represented and appearing by telephone, and upon reviewing the Affidavit of Service, filed, and 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, SPAETGENS cease trading in securities or derivatives until March 8, 2032.
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 SPAETGENS until March 8, 2032.
3. THAT, pursuant to section 148.3 of the Act, SPAETGENS resign all positions he 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 March 8, 2032.
4. THAT, pursuant to section 8 of the Act, SPAETGENS be prohibited from becoming or acting as a registrant until March 8, 2032.
5. THAT, pursuant to subsection 148.4(2) of the Act, in the event of the respondent continuing to proceed with an appeal of the ASC Decision, and the appeal or other related proceedings resulting in a change to, or stay of, any portion of the ASC Decision now reciprocated by this order as against the respondent, upon the request of said respondent or staff, this order be reviewed by the Commission as to any variation, substitution, revocation, or other order which may be required, if any.
BY ORDER OF THE COMMISSION
Deputy Director