Acts and Regulations

S-5.5 - Securities Act

Full text
Payment of investigation and hearing costs
Repealed: 2013, c.31, s.36
2013, c.31, s.36
185Repealed: 2013, c.31, s.36
2013, c.31, s.36
Payment of investigation and hearing costs
185(1)In respect of a person whose affairs were the subject of an investigation, the Commission may, after conducting a hearing, order the person to pay the fees and expenses prescribed by regulation for the costs of the investigation if the Commission
(a) is satisfied that the person has not complied with, or is not complying with, New Brunswick securities law, or
(b) is of the opinion that the person has not acted in the public interest.
185(2)In respect of a person whose affairs were the subject of a hearing, the Commission, after conducting the hearing, may order the person to pay the fees and expenses prescribed by regulation for the costs of or related to the hearing that are incurred by or on behalf of the Commission if the Commission
(a) is satisfied that the person has not complied with, or is not complying with, New Brunswick securities law, or
(b) is of the opinion that the person has not acted in the public interest.
185(3)Where a person is convicted of an offence under this Act or the regulations, the Commission may, after conducting a hearing, order the person to pay the fees and expenses prescribed by regulation for the costs of any investigation carried out in respect of that offence.
185(4)For the purposes of subsections (1) and (3), the costs of an investigation, include, but are not limited to, any or all of the following:
(a) costs incurred in respect of services provided by
(i) a person appointed as an expert under section 19, or
(ii) an investigator;
(b) costs for time spent by the Commission or the staff of the Commission;
(c) fees paid to a witness; and
(d) costs of legal services provided to the Commission.
185(5)For the purposes of subsection (2), the costs of or related to a hearing that are incurred by or on behalf of the Commission include, but are not limited to, any or all of the costs referred to in subparagraph (4)(a)(i) and paragraphs (4)(b) to (d) and any costs of matters preliminary to the hearing.
185(6)The Commission may prepare and file with the clerk of the Court of Queen’s Bench a certificate certifying the amount of the costs that the person is required to pay under subsection (1), (2) or (3).
185(7)A certificate filed under subsection (6) with the clerk of the Court of Queen’s Bench has the same force and effect as if it were a judgment of the Court of Queen’s Bench for the recovery of a debt in the amount specified in the certificate together with costs of filing.
185(8)The Rules of Court with respect to costs and the taxation of costs do not apply to costs referred to in this section.