Acts and Regulations

S-5.5 - Securities Act

Section 195.8
Disposition versions

Full text
Appeal regarding extra-provincial decision
2007, c.38, s.190
195.8(1)The following definitions apply in this section.
“extra-provincial decision” means a decision, ruling, order, direction or other requirement made by an extra-provincial securities commission under a New Brunswick authority delegated or transferred to that extra-provincial securities commission by the Commission or the Tribunal.(décision extraprovinciale)
“extra-provincial securities commission” means the extra-provincial securities commission that made the extra-provincial decision that is being appealed under this section. (commission des valeurs mobilières extraprovinciale)
195.8(2)A person that is directly affected by an extra-provincial decision that is final may, with leave of a judge of the Court of Appeal, appeal that extra-provincial decision to the Court of Appeal.
195.8(3)Notwithstanding the fact that an appeal is taken under this section, the extra-provincial decision appealed from takes effect immediately, but the extra-provincial securities commission, the Tribunal or the Court of Appeal may grant a stay of the extra-provincial decision until disposition of the appeal.
195.8(4)The extra-provincial securities commission is the respondent to an appeal under this section.
195.8(5)A copy of the Notice of Appeal shall, within 15 days after the Notice of Appeal is issued, be personally served on the Commission.
195.8(6)The Commission is entitled to be heard by counsel or otherwise on the argument of an appeal under this section, whether or not the Commission is named as a party to the appeal.
195.8(7)To the extent that they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.
195.8(8)The Court of Appeal may, with respect to an appeal under this section, do the following:
(a) make any order or direction that it considers appropriate with respect to the commencement or conduct of the appeal or any matter relating to the appeal;
(b) confirm, vary or reject the extra-provincial decision;
(c) make any decision that the extra-provincial securities commission could have made and substitute the Court of Appeal’s decision for that of the extra-provincial securities commission.
2007, c.38, s.190; 2013, c.31, s.36; 2019, c.32, s.13
Appeal regarding extra-provincial decision
2007, c.38, s.190
195.8(1)The following definitions apply in this section.
“extra-provincial decision” means a decision, ruling, order, direction or other requirement made by an extra-provincial securities commission under a New Brunswick authority delegated or transferred to that extra-provincial securities commission by the Commission or the Tribunal.(décision extraprovinciale)
“extra-provincial securities commission” means the extra-provincial securities commission that made the extra-provincial decision that is being appealed under this section. (commission des valeurs mobilières extraprovinciale)
195.8(2)A person that is directly affected by an extra-provincial decision that is final may, with leave of a judge of the Court of Appeal, appeal that extra-provincial decision to the Court of Appeal.
195.8(3)Notwithstanding the fact that an appeal is taken under this section, the extra-provincial decision appealed from takes effect immediately, but the extra-provincial securities commission, the Tribunal or the Court of Appeal may grant a stay of the extra-provincial decision until disposition of the appeal.
195.8(4)The extra-provincial securities commission is the respondent to an appeal under this section.
195.8(5)A copy of the Notice of Appeal shall, within 15 days after the Notice of Appeal is issued, be personally served on the Commission.
195.8(6)The Commission is entitled to be heard by counsel or otherwise on the argument of an appeal under this section, whether or not the Commission is named as a party to the appeal.
195.8(7)To the extent that they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.
195.8(8)The Court of Appeal may, with respect to an appeal under this section, do the following:
(a) make any order or direction that it considers appropriate with respect to the commencement or conduct of the appeal or any matter relating to the appeal;
(b) confirm, vary or reject the extra-provincial decision;
(c) make any decision that the extra-provincial securities commission could have made and substitute the Court of Appeal’s decision for that of the extra-provincial securities commission.
2007, c.38, s.190; 2013, c.31, s.36
Appeal regarding extra-provincial decision
2007, c.38, s.190
195.8(1)The following definitions apply in this section.
“extra-provincial decision” means a decision, ruling, order, direction or other requirement made by an extra-provincial securities commission under a New Brunswick authority delegated or transferred to that extra-provincial securities commission by the Commission.(décision extraprovinciale)
“extra-provincial securities commission” means the extra-provincial securities commission that made the extra-provincial decision that is being appealed under this section. (commission des valeurs mobilières extraprovinciale)
195.8(2)A person that is directly affected by an extra-provincial decision that is final may, with leave of a judge of the Court of Appeal, appeal that extra-provincial decision to the Court of Appeal.
195.8(3)Notwithstanding the fact that an appeal is taken under this section, the extra-provincial decision appealed from takes effect immediately, but the extra-provincial securities commission, the Commission or the Court of Appeal may grant a stay of the extra-provincial decision until disposition of the appeal.
195.8(4)The extra-provincial securities commission is the respondent to an appeal under this section.
195.8(5)A copy of the Notice of Appeal shall, within 15 days after the Notice of Appeal is issued, be personally served on the Commission.
195.8(6)The Commission is entitled to be heard by counsel or otherwise on the argument of an appeal under this section, whether or not the Commission is named as a party to the appeal.
195.8(7)To the extent that they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.
195.8(8)The Court of Appeal may, with respect to an appeal under this section, do the following:
(a) make any order or direction that it considers appropriate with respect to the commencement or conduct of the appeal or any matter relating to the appeal;
(b) confirm, vary or reject the extra-provincial decision;
(c) make any decision that the extra-provincial securities commission could have made and substitute the Court of Appeal’s decision for that of the extra-provincial securities commission.
2007, c.38, s.190