Acts and Regulations

S-5.5 - Securities Act

Full text
Disclosure of information
2008, c.22, art.63; 2013, c.31, s.36
199.1(1)In this section, “securities laws” means laws of a jurisdiction respecting the trading of securities or derivatives.
199.1(2)Repealed: 2013, c.31, s.36
199.1(3)For the purposes of administering New Brunswick securities law or assisting in the administration of the securities laws of another jurisdiction, the Commission or the Executive Director may, subject to any order under subsection 198(6), disclose information to any of the following persons in New Brunswick or elsewhere:
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency, a credit rating organization, a trade repository, a derivative trading facility or an auditor oversight body recognized under section 35;
(b) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority;
(c) a person with whom the Commission has entered into an arrangement or agreement that relates to or includes the sharing of information; or
(d) a regulatory authority not referred to in paragraphs (a) to (c).
199.1(4)The Executive Director may, subject to any order under subsection 198(6), disclose information to a person not referred to in paragraph (3)(a), (b), (c) or (d), if, in the opinion of the Executive Director, the disclosure is not prejudicial to the public interest and is required for the protection of the public or the effectual conduct of a hearing or review conducted by the Tribunal, of an investigation under Part 13, of a compliance review referred to in section 163 or of a review referred to in section 168.
199.1(5)For the purposes of administering its by-laws or other regulatory instruments or practices or policies, assisting in the administration of the by-laws or other regulatory instruments or practices or policies of another exchange, self-regulatory organization, quotation and trade reporting system, clearing agency, trade repository, derivatives trading facility or auditor oversight body, or assisting in the administration of New Brunswick securities law or the securities or derivatives laws of another jurisdiction, an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency, a trade repository, a derivatives trading facility or an auditor oversight body recognized under section 35 may, directly or indirectly, receive information from any person in New Brunswick or elsewhere, including, but not limited to,
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency, trade repository, derivatives trading facility or an auditor oversight body,
(b) a registrant or an issuer,
(c) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority, or
(d) a regulatory authority not referred to in paragraphs (a) to (c).
199.1(6)For the purposes of administering its by-laws or other regulatory instruments or practices or policies, assisting in the administration of the by-laws or other regulatory instruments or practices or policies of another exchange, self-regulatory organization, quotation and trade reporting system, clearing agency, trade repository, derivatives trading facility or auditor oversight body, or assisting in the administration of New Brunswick securities law or the securities or derivatives laws of another jurisdiction, an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency, a trade repository, a derivatives trading facility or an auditor oversight body recognized under section 35 may, subject to any order under subsection 177(1), disclose information to any of the following persons in New Brunswick or elsewhere:
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency, trade repository, derivatives trading facility or an auditor oversight body;
(b) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority;
(c) a regulatory authority not referred to in paragraph (a) or (b).
199.1(7)Repealed: 2013, c.31, s.36
2008, c.22, s.63; 2011, c.43, s.40; 2013, c.31, s.36; 2013, c.43, s.48
Disclosure of information
2008, c.22, art.63; 2013, c.31, s.36
199.1(1)In this section, “securities laws” means laws of a jurisdiction respecting the trading of securities or exchange contracts.
199.1(2)Repealed: 2013, c.31, s.36
199.1(3)For the purposes of administering New Brunswick securities law or assisting in the administration of the securities laws of another jurisdiction, the Commission or the Executive Director may, subject to any order under subsection 198(6), disclose information to any of the following persons in New Brunswick or elsewhere:
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body recognized under section 35;
(b) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority;
(c) a person with whom the Commission has entered into an arrangement or agreement that relates to or includes the sharing of information.
199.1(4)The Executive Director may, subject to any order under subsection 198(6), disclose information to a person not referred to in paragraph (3)(a), (b) or (c), if, in the opinion of the Executive Director, the disclosure is not prejudicial to the public interest and is required for the protection of the public or the effectual conduct of a hearing or review conducted by the Tribunal, of an investigation under Part 13, of a compliance review referred to in section 163 or of a review referred to in section 168.
199.1(5)For the purposes of administering its by-laws or other regulatory instruments or practices or policies, assisting in the administration of the by-laws or other regulatory instruments or practices or policies of another exchange, self-regulatory organization, quotation and trade reporting system, clearing agency or auditor oversight body, or assisting in the administration of New Brunswick securities law or the securities laws of another jurisdiction, an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body recognized under section 35 may, directly or indirectly, receive information from any person in New Brunswick or elsewhere, including, but not limited to,
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body,
(b) a registrant or an issuer, or
(c) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority.
199.1(6)For the purposes of administering its by-laws or other regulatory instruments or practices or policies, assisting in the administration of the by-laws or other regulatory instruments or practices or policies of another exchange, self-regulatory organization, quotation and trade reporting system, clearing agency or auditor oversight body, or assisting in the administration of New Brunswick securities law or the securities laws of another jurisdiction, an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body recognized under section 35 may, subject to any order under subsection 177(1), disclose information to any of the following persons in New Brunswick or elsewhere:
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body;
(b) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority.
199.1(7)Repealed: 2013, c.31, s.36
2008, c.22, s.63; 2011, c.43, s.40; 2013, c.31, s.36
Receipt and disclosure of information
2008, c.22, art.63
199.1(1)In this section, “securities laws” means laws of a jurisdiction respecting the trading of securities or exchange contracts.
199.1(2)For the purposes of administering New Brunswick securities law or assisting in the administration of the securities laws of another jurisdiction, the Commission or any employee of the Commission may, directly or indirectly, receive information from any person in New Brunswick or elsewhere, including, but not limited to,
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body,
(b) a registrant or an issuer, or
(c) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority.
199.1(3)For the purposes of administering New Brunswick securities law or assisting in the administration of the securities laws of another jurisdiction, the Commission or the Executive Director may, subject to any order under subsection 198(6), disclose information to any of the following persons in New Brunswick or elsewhere:
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body recognized under section 35;
(b) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority;
(c) a person with whom the Commission has entered into an arrangement or agreement that relates to or includes the sharing of information.
199.1(4)The Executive Director may, subject to any order under subsection 198(6), disclose information to a person not referred to in paragraph (3)(a), (b) or (c), if, in the opinion of the Executive Director, the disclosure is not prejudicial to the public interest and is required for the protection of the public or the effectual conduct of a hearing or review conducted by the Commission, of an investigation under Part 13, of a compliance review referred to in section 163 or of a review referred to in section 168.
199.1(5)For the purposes of administering its by-laws or other regulatory instruments or practices or policies, assisting in the administration of the by-laws or other regulatory instruments or practices or policies of another exchange, self-regulatory organization, quotation and trade reporting system, clearing agency or auditor oversight body, or assisting in the administration of New Brunswick securities law or the securities laws of another jurisdiction, an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body recognized under section 35 may, directly or indirectly, receive information from any person in New Brunswick or elsewhere, including, but not limited to,
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body,
(b) a registrant or an issuer, or
(c) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority.
199.1(6)For the purposes of administering its by-laws or other regulatory instruments or practices or policies, assisting in the administration of the by-laws or other regulatory instruments or practices or policies of another exchange, self-regulatory organization, quotation and trade reporting system, clearing agency or auditor oversight body, or assisting in the administration of New Brunswick securities law or the securities laws of another jurisdiction, an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body recognized under section 35 may, subject to any order under subsection 177(1), disclose information to any of the following persons in New Brunswick or elsewhere:
(a) an exchange, a self-regulatory organization, a quotation and trade reporting system, a clearing agency or an auditor oversight body;
(b) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority.
199.1(7)Information received by the Commission or any employee of the Commission under subsection (2) is confidential and shall not be disclosed to any other person unless the disclosure is authorized under this section or the regulations or in writing by the Executive Director.
2008, c.22, s.63; 2011, c.43, s.40
Receipt and disclosure of information
2008, c.22, s.63
199.1(1)In this section, “securities laws” means laws of a jurisdiction respecting the trading of securities or exchange contracts.
199.1(2)For the purposes of administering New Brunswick securities law or assisting in the administration of the securities laws of another jurisdiction, the Commission or any employee of the Commission may, directly or indirectly, receive information from
(a) an exchange, a quotation and trade reporting system or a clearing agency,
(b) a self-regulatory organization,
(c) a registrant or an issuer, or
(d) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority,
in New Brunswick or elsewhere.
199.1(3)For the purposes of administering New Brunswick securities law or assisting in the administration of the securities laws of another jurisdiction, the Commission or the Executive Director may disclose information to
(a) an exchange, a quotation and trade reporting system, a clearing agency or a self-regulatory organization recognized under section 35,
(b) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority, or
(c) a person with whom the Commission has entered into an arrangement or agreement that relates to or includes the sharing of information,
in New Brunswick or elsewhere.
199.1(4)For the purposes of administering its by-laws or other regulatory instruments or practices or policies, assisting in the administration of the by-laws or other regulatory instruments or practices or policies of another exchange, quotation and trade reporting system, clearing agency or self-regulatory organization, or assisting in the administration of New Brunswick securities law or the securities laws of another jurisdiction, an exchange, a quotation and trade reporting system, a clearing agency or a self-regulatory organization recognized under section 35 may, directly or indirectly, receive information from
(a) an exchange, a quotation and trade reporting system or a clearing agency,
(b) a self-regulatory organization,
(c) a registrant or an issuer, or
(d) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority,
in New Brunswick or elsewhere.
199.1(5)For the purposes of administering its by-laws or other regulatory instruments or practices or policies, assisting in the administration of the by-laws or other regulatory instruments or practices or policies of another exchange, quotation and trade reporting system, clearing agency or self-regulatory organization, or assisting in the administration of New Brunswick securities law or the securities laws of another jurisdiction, an exchange, a quotation and trade reporting system, a clearing agency or a self-regulatory organization recognized under section 35 may disclose information to
(a) an exchange, a quotation and trade reporting system or a clearing agency,
(b) a self-regulatory organization, or
(c) a law enforcement agency, a government, a governmental authority or a securities or financial regulatory authority or other regulatory authority,
in New Brunswick or elsewhere.
199.1(6)Information received by the Commission or any employee of the Commission under subsection (2) or (4) is confidential and shall not be disclosed by any person except as provided in this section.
2008, c.22, s.63