Acts and Regulations

S-5.5 - Securities Act

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Appeal of decision of Commission or Tribunal
2007, c.38, s.190; 2013, c.31, s.36
195.9(1)In this section, “delegated authority” means an extra-provincial authority that is delegated or transferred to the Commission or the Tribunal and is accepted by the Commission or the Tribunal, as the case may be, under section 195.11.
195.9(2)A person that is directly affected by a final decision of the Commission made pursuant to a delegated authority or a final decision of the Commission that is made under section 195.5 may, with leave of a judge of the Court of Appeal, appeal that decision to the Court of Appeal in accordance with section 195, and that section applies with the necessary modifications to the appeal.
195.9(2.1)A person that is directly affected by a final decision of the Tribunal made under a delegated authority or a final decision of the Tribunal that is made under section 195.5, with leave of a judge of the Court of Appeal, may appeal that decision to the Court of Appeal in accordance with section 48 of the Financial and Consumer Services Commission Act, and that section applies with the necessary modifications to the appeal.
195.9(3)A person that has a right to appeal a decision under this section may, subject to any direction of the Court of Appeal, exercise that right of appeal whether or not that person may have a right to appeal that decision to a court in another jurisdiction.
195.9(4)Notwithstanding subsection (3), if a decision referred to in subsection (2) or (2.1) is being appealed to a court in another jurisdiction, the Court of Appeal may stay an appeal under this section pending the determination of the appeal in the other jurisdiction.
2007, c.38, s.190; 2013, c.31, s.36
Appeal regarding decision of the Commission
2007, c.38, s.190
195.9(1)In this section, “delegated authority” means any extra-provincial authority that is delegated or transferred to the Commission and is accepted by the Commission under section 195.11.
195.9(2)A person that is directly affected by a final decision of the Commission made pursuant to a delegated authority or a final decision of the Commission that is made under section 195.5 may, with leave of a judge of the Court of Appeal, appeal that decision to the Court of Appeal in accordance with section 195, and that section applies with the necessary modifications to the appeal.
195.9(3)A person that has a right to appeal a decision under this section may, subject to any direction of the Court of Appeal, exercise that right of appeal whether or not that person may have a right to appeal that decision to a court in another jurisdiction.
195.9(4)Notwithstanding subsection (3), if a decision referred to in subsection (2) is being appealed to a court in another jurisdiction, the Court of Appeal may stay an appeal under this section pending the determination of the appeal in the other jurisdiction.
2007, c.38, s.190