| THE SECURITIES ACT | ) |
Order No. 5979 |
) |
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| Sections 148(1), 19(5) and 148.3 | ) |
August 19, 2009 |
JOSE CASTANEDA
WHEREAS:
(A) On March 27, 2008, staff of the Ontario Securities Commission ("OSC") entered into a settlement ("Settlement") with Jose Castaneda ("CASTANEDA") and made an order dated March 27, 2008 against him ("OSC Order");
(B) On June 23, 2009, The Manitoba Securities 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 with respect to CASTANEDA;
(C) On August 19, 2009, the hearing proceeded before a panel of the Commission;
(D) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission, no one appearing for the respondent, 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(1) of the Act, CASTANEDA permanently cease trading in securities.
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 CASTANEDA permanently.
3. THAT, pursuant to section 148.3 of the Act, CASTANEDA permanently be prohibited from becoming a director or officer of any issuer.
BY ORDER OF THE COMMISSION
Deputy Director