Order: Ontario Securities Commission v Heatherington

BETWEEN:

ONTARIO SECURITIES COMMISSION

(Applicant)

- and -

COLIN HEATHERINGTON

(Respondent)

File No. 2026-21

Adjudicator:
Geoffrey D. Creighton

April 10, 2026

ORDER

(Subsections 127(1) and 127(4.0.1) of the Securities Act, RSO 1990, c S.5)

WHEREAS the Capital Markets Tribunal held a hearing in writing to consider an application brought by the Ontario Securities Commission for an order, pursuant to subsections 127(1) and 127(4.0.1) of the Securities Act, RSO 1990, c S.5 (the Act), imposing sanctions against the respondent, Colin Heatherington, without giving him an opportunity to be heard;

ON READING the materials filed by the Commission, including the Plea Agreement and the Statement of Agreed Facts in Support of the Plea Agreement, both dated January 5, 2024, and the Judgment and Probation/Commitment Order of the United States District Court of the Central District of California dated July 3, 2024;

IT IS ORDERED THAT:

1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities or derivatives by Heatherington shall cease permanently, except that this Order does not preclude Heatherington from trading in securities or derivatives in a registered retirement savings plan, registered education savings plan, any registered retirement income funds, and/or tax-free savings account (as defined in the Income Tax Act (Canada)) of which he is the sole legal and beneficial owner, through a registered dealer, to whom he has given a copy of this Order;
2. pursuant to paragraph 2.1 of subsection 127(1) of the Act, Heatherington is permanently prohibited from acquiring any securities, except that this Order does not preclude Heatherington from acquiring securities or derivatives in a registered retirement savings plan, registered education savings plan, any registered retirement income funds, and/or tax-free savings account (as defined in the Income Tax Act (Canada)) of which he is the sole legal and beneficial owner, through a registered dealer, to whom he has given a copy of this Order;
3. pursuant to paragraph 3 of subsection 127(1) of the Act, any exemptions contained in Ontario securities law do not apply to Heatherington permanently;
4. pursuant to paragraphs 7, 8.1, and 8.3 of subsection 127(1) of the Act, Heatherington shall resign any position that he holds as a director or officer of any issuer or registrant;
5. pursuant to paragraphs 8, 8.2, and 8.4 of subsection 127(1) of the Act, Heatherington is permanently prohibited from becoming or acting as a director or officer of any issuer or registrant; and
6. pursuant to paragraph 8.5 of subsection 127(1) of the Act, Heatherington is permanently prohibited from becoming or acting as a registrant or a promoter.