Order: In the Matter of Vincenzo (Vincent) Sirianni
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
-AND -
IN THE MATTER OF VINCENZO (VINCENT) SIRIANNI
ORDER
(Subsections 127(1) and 127(10))
WHEREAS on June 25, 2013, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing in this matter pursuant to sections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of Vincenzo (Vincent) Sirianni (the “Respondent” or “Sirianni”);
AND WHEREAS on June 24, 2013, Staff of the Commission (“Staff”) filed a Statement of Allegations in this matter;
AND WHEREAS in November 2011, Sirianni entered into a Statement of Admissions and Joint Recommendation as to Sanction with the Alberta Securities Commission (the “ASC”);
AND WHEREAS the Respondent is subject to an order dated December 8, 2011 made by the ASC that imposes sanctions, conditions, restrictions or requirements upon him within the meaning of paragraph 4 of subsection 127(10) of the Act (the “ASC Order”);
AND WHEREAS on July 9, 2013, the Commission granted Staff’s application to convert this matter to a written hearing in accordance with Rule 11.5 of Commission’s Rules of Procedure (2012), 35 OSCB 10071 and section 5.1(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended;
AND WHEREAS Staff filed written submissions, a hearing brief and a brief of authorities;
AND WHEREAS Sirianni did not appear and did not file any materials;
AND WHEREAS I find that it is in the public interest to issue this order pursuant to subsection 127(1) of the Act in reliance upon subsection 127(10) of the Act;
IT IS HEREBY ORDERED THAT:
(a) pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by Sirianni cease permanently, except that this order does not preclude Sirianni from trading in or purchasing mutual funds or exchange-traded funds through a registrant (who has first been given a copy of the ASC Order) in a registered retirement savings plan, tax-free savings account or registered education savings plan (each as defined in the Income Tax Act (Canada)) for the benefit of one or more of Sirianni, his spouse and his children;
(b) pursuant to paragraph 3 of subsection 127(1) of the Act, any exemptions contained in Ontario securities law do not apply to Sirianni permanently;
(c) pursuant to paragraph 7 of subsection 127(1) of the Act, Sirianni resign any positions that he holds as a director or officer of an issuer;
(d) pursuant to paragraph 8 of subsection 127(1) of the Act, Sirianni be prohibited permanently from becoming or acting as an officer or director of an issuer;
(e) pursuant to paragraph 8.1 of subsection 127(1) of the Act, Sirianni resign any positions that he holds as a director or officer of a registrant;
(f) pursuant to paragraph 8.2 of subsection 127(1) of the Act, Sirianni be prohibited permanently from becoming or acting as an officer or director of a registrant;
(g) pursuant to paragraph 8.3 of subsection 127(1) of the Act, Sirianni resign any positions that he holds as a director or officer of an investment fund manager; and
(h) pursuant to paragraph 8.4 of subsection 127(1) of the Act, Sirianni be prohibited permanently from becoming or acting as an officer or director of an investment fund manager.
DATED at Toronto this 5th day of November, 2013
James E. A. Turner