Acts and Regulations

S-5.5 - Securities Act

Section 130
Disposition versions

Full text
Applications to the Court of King’s Bench
2023, c.17, s.253
130(1)An interested person may apply to the Court of King’s Bench for an order under this section.
130(2)Where, on an application under subsection (1), the Court of King’s Bench is satisfied that a person has not complied with this Part or the regulations relating to this Part, the Court of King’s Bench may make such order as it thinks fit, including, without limiting the generality of the foregoing, an order
(a) compensating any interested person who is a party to the application for damages suffered as a result of a contravention of this Part or the regulations relating to this Part,
(b) rescinding a transaction with any interested person, including the issuance of a security or a purchase and sale of a security,
(c) requiring any person to dispose of any securities acquired pursuant to or in connection with a take-over bid or an issuer bid,
(d) prohibiting any person from exercising any or all of the voting rights attaching to any securities, and
(e) requiring the trial of an issue.
(f) Repealed: 2007, c.38, s.121
130(3)The applicant shall give the Executive Director notice of an application being made under subsection (1).
130(4)The Executive Director or his or her designate is entitled to appear and to make representations at the hearing of an application under this section.
2007, c.38, s.121; 2013, c.43, s.28; 2023, c.17, s.253
Applications to the Court of Queen’s Bench
130(1)An interested person may apply to the Court of Queen’s Bench for an order under this section.
130(2)Where, on an application under subsection (1), the Court of Queen’s Bench is satisfied that a person has not complied with this Part or the regulations relating to this Part, the Court of Queen’s Bench may make such order as it thinks fit, including, without limiting the generality of the foregoing, an order
(a) compensating any interested person who is a party to the application for damages suffered as a result of a contravention of this Part or the regulations relating to this Part,
(b) rescinding a transaction with any interested person, including the issuance of a security or a purchase and sale of a security,
(c) requiring any person to dispose of any securities acquired pursuant to or in connection with a take-over bid or an issuer bid,
(d) prohibiting any person from exercising any or all of the voting rights attaching to any securities, and
(e) requiring the trial of an issue.
(f) Repealed: 2007, c.38, s.121
130(3)The applicant shall give the Executive Director notice of an application being made under subsection (1).
130(4)The Executive Director or his or her designate is entitled to appear and to make representations at the hearing of an application under this section.
2007, c.38, s.121; 2013, c.43, s.28
Applications to the Court of Queen’s Bench
130(1)An interested person may apply to the Court of Queen’s Bench for an order under this section.
130(2)Where, on an application under subsection (1), the Court of Queen’s Bench is satisfied that a person has not complied with this Part or the regulations relating to this Part, the Court of Queen’s Bench may make such order as it thinks fit, including, without limiting the generality of the foregoing, an order
(a) compensating any interested person who is a party to the application for damages suffered as a result of a contravention of this Part or the regulations relating to this Part,
(b) rescinding a transaction with any interested person, including the issuance of a security or a purchase and sale of a security,
(c) requiring any person to dispose of any securities acquired pursuant to or in connection with a take-over bid or an issuer bid,
(d) prohibiting any person from exercising any or all of the voting rights attaching to any securities, and
(e) requiring the trial of an issue.
(f) Repealed: 2007, c.38, s.121
130(3)The applicant shall give the Executive Director notice of an application being made under subsection (1).
130(4)The Executive Director is entitled to appear and to make representations at the hearing of an application under this section.
2007, c.38, s.121
Applications to the Court of Queen’s Bench
130(1)An interested person may apply to the Court of Queen’s Bench for an order under this section.
130(2)Where, on an application under subsection (1), the Court of Queen’s Bench is satisfied that a person has not complied with this Part or the regulations relating to this Part, the Court of Queen’s Bench may make such order at it thinks fit, including, without limiting the generality of the foregoing, an order
(a) compensating any interested person who is a party to the application for damages suffered as a result of a contravention of this Part or the regulations relating to this Part,
(b) rescinding a transaction with any interested person, including the issuance of a security or a purchase and sale of a security,
(c) requiring any person to dispose of any securities acquired pursuant to or in connection with a take-over bid or an issuer bid,
(d) prohibiting any person from exercising any or all of the voting rights attaching to any securities, and
(e) requiring the trial of an issue.
(f) Repealed: 2007, c.38, s.121
130(3)The applicant shall give the Executive Director notice of an application being made under subsection (1).
130(4)The Executive Director is entitled to appear and to make representations at the hearing of an application under this section.
2007, c.38, s.121
Applications to the Court of Queen’s Bench
130(1)An interested person may apply to the Court of Queen’s Bench for an order under this section.
130(2)Where, on an application under subsection (1), the Court of Queen’s Bench is satisfied that a person has not complied with this Part or the regulations relating to this Part, the Court of Queen’s Bench may make an interim or final order
(a) compensating any interested person who is a party to the application for damages suffered as a result of a contravention of this Part or the regulations relating to this Part,
(b) rescinding a transaction with any interested person, including the issuance of a security or a purchase and sale of a security,
(c) requiring any person to dispose of any securities acquired pursuant to or in connection with a take-over bid or an issuer bid,
(d) prohibiting any person from exercising any or all of the voting rights attaching to any securities,
(e) requiring the trial of an issue, and
(f) respecting any matter not referred to in paragraphs (a) to (e) that the Court of Queen’s Bench considers proper.
130(3)The applicant shall give the Executive Director notice of an application being made under subsection (1).
130(4)The Executive Director is entitled to appear and to make representations at the hearing of an application under this section.