Acts and Regulations

S-5.5 - Securities Act

Full text
Appeal
195(1)A person directly affected by a final decision of the Commission, other than a decision under section 55 or 80, may with leave of a judge of the Court of Appeal appeal to the Court of Appeal.
195(1.1)The application for leave shall be made within 30 days after the later of the making of the decision and the issuing of the reasons for the decision.
195(1.2)A copy of the leave to appeal application and supporting documents shall be served on the Secretary of the Commission within the 30-day period referred to in subsection (1.1).
195(2)Notwithstanding the fact that an appeal is taken under this section, the decision appealed from takes effect immediately, but the Commission or the Court of Appeal may grant a stay of the decision until disposition of the appeal.
195(3)The Secretary of the Commission shall certify to the Court of Appeal
(a) Repealed: 2013, c.31, s.36
(b) the decision of the Commission, together with any statement of reasons for the decision,
(c) the record of the proceedings before the Commission, and
(d) all written submissions to the Commission or other material that is relevant to the appeal.
195(4)The Commission is the respondent to an appeal under this section.
195(5)The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section, whether or not the Minister is named as a party to the appeal.
195(6)Where an appeal is taken under this section, the Court of Appeal may by its order direct the Commission to make such decision or to do such other act as the Commission is authorized and empowered to do under this Act or the regulations and as the Court of Appeal considers proper, having regard to the material and submissions before it and to this Act and the regulations, and the Commission shall make such decision or do such act accordingly.
195(6.1)To the extent that they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.
195(7)Notwithstanding an order of the Court of Appeal on an appeal, the Commission may make a further decision on new material or if there is a significant change in the circumstances, and that decision is subject to this section.
2007, c.38, s.189; 2012, c.31, s.29; 2013, c.31, s.36
Appeal
195(1)A person directly affected by a final decision of the Commission, other than a decision under section 55 or 80, may with leave of a judge of the Court of Appeal appeal to the Court of Appeal.
195(1.1)The application for leave shall be made within 30 days after the later of the making of the decision and the issuing of the reasons for the decision.
195(1.2)A copy of the leave to appeal application and supporting documents shall be served on the Secretary within the 30-day period referred to in subsection (1.1).
195(2)Notwithstanding the fact that an appeal is taken under this section, the decision appealed from takes effect immediately, but the Commission or the Court of Appeal may grant a stay of the decision until disposition of the appeal.
195(3)The Secretary shall certify to the Court of Appeal
(a) the decision that has been reviewed by the Commission, if any,
(b) the decision of the Commission, together with any statement of reasons for the decision,
(c) the record of the proceedings before the Commission, and
(d) all written submissions to the Commission or other material that is relevant to the appeal.
195(4)The Commission is the respondent to an appeal under this section.
195(5)The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section, whether or not the Minister is named as a party to the appeal.
195(6)Where an appeal is taken under this section, the Court of Appeal may by its order direct the Commission to make such decision or to do such other act as the Commission is authorized and empowered to do under this Act or the regulations and as the Court of Appeal considers proper, having regard to the material and submissions before it and to this Act and the regulations, and the Commission shall make such decision or do such act accordingly.
195(6.1)To the extent that they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.
195(7)Notwithstanding an order of the Court of Appeal on an appeal, the Commission may make a further decision on new material or if there is a significant change in the circumstances, and that decision is subject to this section.
2007, c.38, s.189; 2012, c.31, s.29
Appeal
195(1)A person directly affected by a final decision of the Commission, other than a decision under section 55 or 80, may with leave of a judge of the Court of Appeal appeal to the Court of Appeal.
195(2)Notwithstanding the fact that an appeal is taken under this section, the decision appealed from takes effect immediately, but the Commission or the Court of Appeal may grant a stay of the decision until disposition of the appeal.
195(3)The Secretary shall certify to the Court of Appeal
(a) the decision that has been reviewed by the Commission, if any,
(b) the decision of the Commission, together with any statement of reasons for the decision,
(c) the record of the proceedings before the Commission, and
(d) all written submissions to the Commission or other material that is relevant to the appeal.
195(4)The Commission is the respondent to an appeal under this section.
195(5)The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section, whether or not the Minister is named as a party to the appeal.
195(6)Where an appeal is taken under this section, the Court of Appeal may by its order direct the Commission to make such decision or to do such other act as the Commission is authorized and empowered to do under this Act or the regulations and as the Court of Appeal considers proper, having regard to the material and submissions before it and to this Act and the regulations, and the Commission shall make such decision or do such act accordingly.
195(6.1)To the extent that they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.
195(7)Notwithstanding an order of the Court of Appeal on an appeal, the Commission may make a further decision on new material or if there is a significant change in the circumstances, and that decision is subject to this section.
2007, c.38, s.189
Appeal
195(1)A person directly affected by a final decision of the Commission, other than a decision under section 55 or 80, may with leave of a judge of the Court of Appeal appeal to the Court of Appeal within 30 days after the later of the making of the final decision and the issuing of the reasons for the final decision.
195(2)Notwithstanding the fact that an appeal is taken under this section, the decision appealed from takes effect immediately, but the Commission or the Court of Appeal may grant a stay of the decision until disposition of the appeal.
195(3)The Secretary shall certify to the Court of Appeal
(a) the decision that has been reviewed by the Commission, if any,
(b) the decision of the Commission, together with any statement of reasons for the decision,
(c) the record of the proceedings before the Commission, and
(d) all written submissions to the Commission or other material that is relevant to the appeal.
195(4)The Commission is the respondent to an appeal under this section.
195(5)The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section, whether or not the Minister is named as a party to the appeal.
195(6)Where an appeal is taken under this section, the Court of Appeal may by its order direct the Commission to make such decision or to do such other act as the Commission is authorized and empowered to do under this Act or the regulations and as the Court of Appeal considers proper, having regard to the material and submissions before it and to this Act and the regulations, and the Commission shall make such decision or do such act accordingly.
195(7)Notwithstanding an order of the Court of Appeal on an appeal, the Commission may make a further decision on new material or if there is a significant change in the circumstances, and that decision is subject to this section.