Acts and Regulations

S-5.5 - Securities Act

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Prohibition against disclosure
2011, c.43, s.30
177(1)For the purpose of protecting the integrity of an investigation under this Part, the Commission may make an order that applies for the duration of the investigation, prohibiting a person from disclosing to any person other than the person’s lawyer the following information:
(a) the fact that an investigation is being conducted;
(b) the name of any person examined or sought to be examined;
(c) the nature or content of any questions asked;
(d) the nature or content of any demands for the production of any document or other thing; or
(e) the fact that any document or other thing was produced.
177(1.01)An order under subsection (1) does not apply to disclosures authorized by the regulations or by the Executive Director in writing.
177(1.1)Notwithstanding section 199.1, an investigator making an investigation under this Part may make, or authorize the making of, such disclosure of information as may be required for the effectual conduct of the investigation.
177(2)Repealed: 2011, c.43, s.31
2007, c.38, s.178; 2011, c.43, s.31
Confidentiality and non-compellability
177(1)All information or evidence obtained pursuant to an investigation under this Part, including, without limiting the generality of the foregoing, the fact that an investigation is being conducted, a report referred to in section 176, the name of any person examined or sought to be examined, the nature or content of any questions asked, the nature or content of any demands for the production of any document or other thing or the fact that any document or other thing was produced is confidential and shall not be disclosed by any person except
(a) to the person’s legal counsel,
(b) where authorized in writing by the Executive Director, or
(c) as otherwise permitted by this Act or the regulations.
177(1.1)Notwithstanding subsection (1), an investigator making an investigation under this Part may make, or authorize the making of, such disclosure of information as may be required for the effectual conduct of the investigation.
177(2)None of the following persons are compellable to give evidence in any court or in any proceeding of a judicial nature concerning any information that comes to the knowledge of the person in the exercise of the powers or performance of the duties of that person in relation to an investigation under this Part:
(a) an investigator;
(b) the Commission;
(c) a member of the Commission;
(c.1) a supplementary member of the Commission;
(d) an employee of the Commission; and
(e) a person appointed as an expert under section 19.
2007, c.38, s.178
Confidentiality and non-compellability
177(1)All information or evidence obtained pursuant to an investigation under this Part, including a report referred to in section 176, is confidential and shall not be disclosed by any person except
(a) to the person’s legal counsel,
(b) where authorized in writing by the Executive Director, or
(c) as otherwise permitted by this Act or the regulations.
177(2)None of the following persons are compellable to give evidence in any court or in any proceeding of a judicial nature concerning any information that comes to the knowledge of the person in the exercise of the powers or performance of the duties of that person in relation to an investigation under this Part:
(a) an investigator;
(b) the Commission;
(c) a member of the Commission;
(d) an employee of the Commission; and
(e) a person appointed as an expert under section 19.