Order

WHEREAS on January 12, 2018, the Mutual Fund Dealers Association of Canada (“MFDA”) issued a Notice of Settlement Hearing pursuant to section 24.4 of By-law No. 1 in respect of Glen Stuart Kirkwood (“Respondent”);

AND WHEREAS the Respondent entered into a settlement agreement with Staff of the MFDA, dated January 18, 2018 (“Settlement Agreement”), in which the Respondent agreed to a proposed settlement of matters for which the Respondent could be disciplined pursuant to ss. 20 and 24.1 of By-law No. 1;

AND WHEREAS the Hearing Panel is of the opinion that the Respondent:

1. between October 2010 and December 2015, obtained, possessed, and in some instances, used to process transactions, 15 pre-signed account forms in respect of 11 clients, contrary to MFDA Rule 2.1.1; and
2. in April 2013 and in May 2015, altered two account forms in respect of one client by altering information on the account forms without having the client initial the alterations, contrary to MFDA Rule 2.1.1.

IT IS HEREBY ORDERED THAT the Settlement Agreement is accepted, as a consequence of which:

1. the Respondent shall pay a fine in the amount of $7,500 pursuant to section 24.1.1(b) of By-law No. 1;

2. the Respondent shall pay costs in the amount of $2,500, pursuant to section 24.2 of By-law No. 1;

3. the payment by the Respondent of the Fine and Costs shall be made to and received by MFDA Staff in certified funds as follows:
   1. $2,500 (Costs) upon acceptance of the Settlement Agreement by the Hearing Panel;
   2. $2,500 on or before the last business day of the first month following the date of Settlement Agreement;
   3. $2,500 on or before the last business day of the second month following the date of Settlement Agreement;
   4. $2,500 on or before the last business day of the third month following the date of Settlement Agreement;

4. If the Respondent fails to make any of the payments described in paragraph 3:
   1. Any outstanding balance of the Fine and Costs owed by the Respondent shall become immediately due and payable to the MFDA; and
   2. The Respondent shall be suspended from conducting securities related business while in the employ of or associated with a Member of the MFDA until such time as the total amount outstanding of the Fine and Costs owed by the Respondent is paid to the MFDA, pursuant to s. 24.3.13(c) of MFDA By-law No. 1.

5. The Respondent shall in the future comply with MFDA Rules 2.1.1; and

6. if at any time a non-party to this proceeding, with the exception of the bodies set out in section 23 of MFDA By-law No. 1, requests production of or access to exhibits in this proceeding that contain personal information as defined by the MFDA Privacy Policy, then the MFDA Corporate Secretary shall not provide copies of or access to the requested exhibits to the non-party without first redacting from them any and all personal information, pursuant to Rules 1.8(2) and (5) of the MFDA Rules of Procedure.