Order: In the Matter of David Gregor McClure
IN THE MATTER OF
DAVID GREGOR McCLURE
Philip Anisman, Chair of the Panel
September 26, 2017
ORDER
(Subsections 127(1) and 127(10) of the Securities Act, RSO 1990, c S.5)
WHEREAS on September 26, 2017, the Ontario Securities Commission (the Commission) held a hearing at 20 Queen Street West, 17th Floor, Toronto, Ontario, to consider an application by Staff of the Commission (Staff) for an order imposing sanctions pursuant to subsections 127(1) and 127(10) of the Securities Act, RSO 1990, c S.5 (the Act);
ON READING the Settlement Agreement and Undertaking between David Gregor McClure (McClure) and the Alberta Securities Commission dated August 16, 2017 (the Settlement Agreement);
AND ON READING a hearing brief filed by Staff and the Consent of McClure, through his counsel, dated September 19, 2017 and confirmed on September 25, 2017, and on hearing the submissions of the representative for Staff, appearing in person;
IT IS ORDERED pursuant to paragraphs 127(1)2, 2.1, 3, 7, 8, 8.2, 8.4 and 8.5 of the Act that:
- until August 16, 2020, McClure shall not trade in securities or derivatives, except in an RRSP, RESP or other similar plan permitted under Canadian tax law where the plan is operated for his benefit or for the benefit of an immediate member of his family, so long as any trade is made through a registrant who has been given a copy of the Settlement Agreement and a copy of this Order;
- until August 16, 2020, McClure shall not acquire securities (including any derivative that is a security), except in an RRSP, RESP or other similar plan permitted under Canadian tax law where the plan is operated for his benefit or for the benefit of an immediate member of his family, so long as any acquisition is made through a registrant who has been given a copy of the Settlement Agreement and a copy of this Order;
- no exemption under Ontario securities law shall apply to McClure until August 16, 2020;
- McClure shall resign any position he holds as a director or officer of an issuer;
- McClure is prohibited from becoming or acting as a director or officer of an issuer until August 16, 2020;
- McClure is prohibited from becoming or acting as a director or officer of a registrant, including an investment fund manager, until August 16, 2020; and
- McClure is prohibited from becoming or acting as a registrant, including an investment fund manager, or a promoter until August 16, 2020.
PHILIP ANISMAN