Proceedings

PDF Version

PDF Version



IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED

- AND -

IN THE MATTER OF
MICHAEL ROBERT SHANTZ
and CANADA PACIFIC CONSULTING INC.

ORDER
(Subsections 127(1) and 127(10) of the Securities Act)



    WHEREAS on March 22, 2013, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing, pursuant to subsections 127(1) and 127(10) of the Ontario Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of Michael Robert Shantz (“Shantz”) and Canada Pacific Consulting Inc. (“Canada Pacific”) (collectively, the “Respondents”);

    AND WHEREAS on March 21, 2013, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;

    AND WHEREAS on April 12, 2013, the Commission heard an application by Staff to convert the matter to a written hearing, in accordance with Rule 11.5 of the Commission’s Rules of Procedure (2012), 35 O.S.C.B. 10071 and subsection 5.1(2) of the Statutory Powers Procedures Act, R.S.O. 1990, c. S.22, as amended;

    AND WHEREAS the Respondents did not appear, although properly served as evidenced by the Affidavit of Service of Lee Crann, sworn April 2, 2013;

    AND WHEREAS on April 12, 2013, the Commission ordered that:

(a) Staff’s application to proceed by way of written hearing was granted;

(b) Staff’s materials in respect of the written hearing shall be filed no later than April 26, 2013;

(c) The Respondents’ responding materials, if any, shall be served and filed no later than May 10, 2013; and

(d) Staff’s reply materials, if any, shall be served and filed no later than May 17, 2013;

    AND WHEREAS Staff filed the Affidavit of Service of Lee Crann, sworn on April 29, 2013, confirming service of the Commission’s Order dated April 12, 2013 on the Respondents;

    AND WHEREAS Staff filed written submissions, a hearing brief and a brief of authorities;

    AND WHEREAS the Respondents did not file any responding materials;

    AND WHEREAS the Respondents are subject to an order dated May 22, 2012 made by the British Columbia Securities Commission that imposes sanctions, conditions, restrictions or requirements on them within the meaning of paragraph 4 of subsection 127(10) of the Act;

    IT IS HEREBY ORDERED:

(a) against Shantz that:

i. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities or derivatives by Shantz shall cease permanently;

ii. pursuant to paragraph 2.1 of subsection 127(1) of the Act, the acquisition of any securities by Shantz shall cease permanently;

iii. pursuant to paragraph 7 of subsection 127(1) of the Act, Shantz shall resign any positions that he holds as a director or officer of an issuer;

iv. pursuant to paragraph 8 of subsection 127(1) of the Act, Shantz shall be prohibited permanently from becoming or acting as director or officer of an issuer;

v. pursuant to paragraph 8.1 of subsection 127(1) of the Act, Shantz shall resign any positions that he holds as a director or officer of a registrant;

vi. pursuant to paragraph 8.2 of subsection 127(1) of the Act, Shantz shall be prohibited permanently from becoming or acting as a director or officer of a registrant; and

vii. pursuant to paragraph 8.5 of subsection 127(1) of the Act, Shantz shall be prohibited permanently from becoming or acting as a registrant or as a promoter;

(b) against Canada Pacific that:

i. pursuant to paragraph 2 of subsection 127(1) of the Act, all trading in securities of Canada Pacific shall cease permanently; and

ii. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities or derivatives by Canada Pacific shall cease permanently.

    DATED at Toronto this 7th day of June, 2013.

 

" James Carnwath "
James D. Carnwath, Q.C.