Acts and Regulations

S-5.5 - Securities Act

Section 196
Disposition versions

Full text
Certificate of Commission member or Executive Director
2013, c.31, s.36
196(1)A certificate containing any of the following statements and purporting to be signed by the Chair of the Commission, another member of the Commission or by the Executive Director is, without proof of the appointment, authority or signature of the person who has signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof of the facts stated in the certificate:
(a) a statement about the registration or non-registration of any person under this Act or the regulations;
(b) a statement about the filing or non-filing of any information or material required or permitted to be filed under New Brunswick securities law;
(c) a statement about any other matter pertaining to such registration, non-registration, filing or non-filing or to any such person, information or material; and
(d) a statement of the date on which the facts on which any proceedings are to be based first came to the knowledge of the Commission.
196(2)A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has given the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.
196(3)A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court, require the attendance of the person who signed the certificate for purposes of cross-examination.
2007, c.38, s.191; 2013, c.31, s.36
Certificate of Chair, other member of Commission or Executive Director
196(1)A certificate containing any of the following statements and purporting to be signed by the Chair, another member of the Commission or by the Executive Director is, without proof of the appointment, authority or signature of the person who has signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof of the facts stated in the certificate:
(a) a statement about the registration or non-registration of any person under this Act or the regulations;
(b) a statement about the filing or non-filing of any information or material required or permitted to be filed under New Brunswick securities law;
(c) a statement about any other matter pertaining to such registration, non-registration, filing or non-filing or to any such person, information or material; and
(d) a statement of the date on which the facts on which any proceedings are to be based first came to the knowledge of the Commission.
196(2)A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has given the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.
196(3)A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court, require the attendance of the person who signed the certificate for purposes of cross-examination.
2007, c.38, s.191
Certificate of Chair, other member of Commission or Executive Director
196(1)A certificate containing any of the following statements and purporting to be signed by the Chair, another member of the Commission or by the Executive Director is, without proof of the appointment, authority or signature of the person who has signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof of the facts stated in the certificate:
(a) a statement about the registration or non-registration of any person under this Act;
(b) a statement about the filing or non-filing of any information or material required or permitted to be filed under New Brunswick securities law;
(c) a statement about any other matter pertaining to such registration, non-registration, filing or non-filing or to any such person, information or material; and
(d) a statement of the date on which the facts on which any proceedings are to be based first came to the knowledge of the Commission.
196(2)A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has given the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.
196(3)A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court, require the attendance of the person who signed the certificate for purposes of cross-examination.