THE SECURITIES ACT ) Order No. 7475
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Section 148 ) February 27, 2019
THOMAS PETER SETKA
WHEREAS:
(A) On February 15, 2019, The Manitoba Securities Commission (“Commission”) issued a Notice of Hearing (“Notice”) giving notice of its intention to hold a hearing to consider, inter alia, whether or not it was in the public interest to order, pursuant to section 148 of The Securities Act ("Act"), that a Settlement Agreement between staff of the Commission (“Staff”) and Thomas Peter Setka (“SETKA”) be approved;
(B) Staff of the Commission and SETKA entered into a Settlement Agreement (a copy of which is attached as Schedule “A”) dated February 13, 2019 (“Settlement Agreement”), which proposed settlement of an enforcement matter, subject to the approval of the Commission;
(C) SETKA has consented to the issuance of this Order and has waived his right to a full hearing;
(D) On February 27, 2019, the Commission held a hearing (“Settlement Hearing”) to consider whether or not to approve the Settlement Agreement;
(E) At the Settlement Hearing, the Commission approved the Settlement Agreement and the Commission is of the opinion that it is in the public interest to make this order.
IT IS ORDERED:
1. THAT the Settlement Agreement, Schedule “A”, be and the same is hereby approved.
2. THAT, pursuant to section 148 of the Act, SETKA undertakes to the Commission that for a period of seven (7) years from the date of this Order, SETKA will not place any trades on any accounts with any firm including any discount brokerage account within fifteen (15) minutes of the close of any trading day, nor will he cause anyone else on his behalf to do so.
3. THAT, pursuant to section 148 of the Act, SETKA undertakes to the Commission that for a period of seven (7) years from the date of this Order, SETKA will not cancel, nor will he cause anyone else on his behalf to do so, prior to open, on any given trading day, pre-open orders already placed that day by him or by anyone else on his behalf.
BY ORDER OF THE COMMISSION
Director