REGARDING the Mortgage Brokerages, Lenders and Administrators Act, 2006, S.O. 2006, c.29 (“Act”), in particular sections 29(1), 38 and 40
AND REGARDING SMKB Financial Corp.
ADMINISTRATIVE MONETARY PENALTY ORDER
PURSUANT TO S. 40 OF THE ACT
SMKB Financial Corp. holds a mortgage brokerage licence under the Act.
Section 40 of the Act provides that if the Superintendent of Financial Services (“Superintendent”) is satisfied that a person or entity is contravening or not complying with or has contravened or failed to comply with section 29(1) or such other provision of this Act or the regulations as may be prescribed, the Superintendent may, by order, impose an administrative penalty on the person or entity in accordance with this section and the regulations.
The Superintendent is satisfied that SMKB Financial Corp. is contravening or not complying with or has contravened or failed to comply with section 29(1) of the Act and Regulation 193/08, namely:
SMKB Financial Corp. failed to file an Annual Information Return for the year ending December 31, 2012 as required by section 2 of Regulation 193/08 within 90 days after the previous fiscal year.
By email dated April 29, 2013, the Superintendent notified SMKB Financial Corp. that an administrative penalty may be issued in respect of SMKB Financial Corp.’s contravention or failure to comply with section 29(1). The Superintendent asked for written submissions in accordance with section 40(2) of the Act.
The Superintendent has considered the submissions.
An administrative penalty in the amount of $1000.00 is imposed on SMKB Financial Corp. pursuant to section 40 of the Act and section 15(1) of Regulation 193/08.
TAKE NOTICE THAT SMKB Financial Corp. will be receiving shortly an invoice from Ontario Shared Services, a part of the Ministry of Government Services, with information as to where and how to make the payment. SMKB Financial Corp. must pay the administrative penalty no later than 30 days after being given notice of this Order.
If SMKB Financial Corp. fails to pay the administrative penalty in accordance with the terms of this Order, the Superintendent may file the Order with the Superior Court of Justice and the Order may be enforced as if it were an order of the court. An administrative penalty that is not paid in accordance with the terms of an order imposing the penalty is a debt due to the Crown and is enforceable as such.
AND TAKE NOTICE THAT section 40(4) of the Act provides that this Order can be appealed to the Financial Services Tribunal (“Tribunal”) in writing within 15 days after receipt of the Order. For information and forms in connection with an appeal, contact the Tribunal at:
Financial Services Tribunal
5160 Yonge Street, Box 85
Toronto, ON M2N 6L9
Toll free: 1.800.668.0128 ext. 7294
Dated at the City of Toronto, Ontario, August 12, 2013.
Original Signed By
Licensing and Market Conduct Division
Financial Services Commission of Ontario
By Delegated Authority from the
Superintendent of Financial Services
Mr. Stephen Wong
SMKB Financial Corp.
175 Bayview Fairways Drive
Thornhill, ON L3T 2Y9
Licence Number: 11492
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