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IN THE MATTER OF: THOMAS KENNETH PROVAK
NOTICE OF HEARING
TAKE NOTICE that The Manitoba Securities Commission (the "Commission") will hold a public hearing (the "Hearing") at its offices at 1130 - 405 Broadway, Winnipeg, Manitoba, on the 5th day of June, 2000 commencing at 9:30 o'clock in the forenoon or so soon thereafter as the Hearing can be held, and from day to day thereafter until the Hearing is concluded, to consider:
1. whether it is in the public interest to order, under subsection 19(5) of The Securities Act (the "Act"), that:
(a) subsections 19(1) and 19(3) of the Act do not, with respect to such of the trades referred to in those subsections, apply to Thomas Kenneth Provak ("Provak");
(b) subsection 19(2) of the Act does not, with respect to such of the securities referred to in that subsection, apply to Provak ;
2. whether it is in the public interest to order that Provak pay the costs of the investigation and Hearing in this matter;
3. such further and other matters and the making of such further and other orders as the Commission may deem appropriate.
BY REASON OF THE FOLLOWING ALLEGATIONS:
Those allegations as set out in the Statement of Allegations made by Staff of the Commission dated this 23rd day of February, 2000 that the conduct of Provak in the matters set out was contrary to the Act, the regulation to the Act and to the public interest.
AND FURTHER TAKE NOTICE that a person or company attending or submitting evidence at the Hearing may be represented by counsel or its choice.
AND FURTHER TAKE NOTICE that any party to the proceedings may, at the Hearing, call witnesses and submit such evidence relevant to the Hearing as it may wish and, for that purpose, it may obtain, from the Director of the Commission at Room 1130 - 405 Broadway, Winnipeg, Manitoba, a form or forms of summons to compel the attendance of witnesses.
AND FURTHER TAKE NOTICE that upon failure of any party to attend at the time and place aforesaid, the Hearing may proceed in that party's absence and the Commission may make or give any decision or order as though that party was present.
DATED at Winnipeg, Manitoba, this 23rd day of February, 2000.
Director, Legal and Enforcement
TO: THOMAS KENNETH PROVAK