Acts and Regulations

S-5.5 - Securities Act

Full text
Designation orders
2007, c.38, s.2
1.1(1)If the Commission is of the opinion that to do so would not be prejudicial to the public interest, the Commission may make an order, subject to the terms and conditions that it considers appropriate, designating, for the purposes of New Brunswick securities law,
(a) a person or a class of persons not to be
(i) an insider,
(ii) a reporting issuer,
(iii) a mutual fund, or
(iv) a non-redeemable investment fund, or
(b) a contract or instrument or a class of contracts or instruments not to be
(i) a security, or
(ii) a derivative.
1.1(1.1)For the purposes of New Brunswick securities law, an order designating a person or a class of persons not to be a reporting issuer shall be deemed to be made in the circumstances prescribed by regulation.
1.1(2)If the Commission is of the opinion that it is in the public interest, the Commission may make an order, subject to the terms and conditions that it considers appropriate, designating, for the purposes of New Brunswick securities law,
(a) a person or a class of persons to be
(i) an insider,
(ii) a reporting issuer,
(iii) a mutual fund, or
(iv) a non-redeemable investment fund, or
(b) a contract or instrument or a class of contracts or instruments to be
(i) a security, or
(ii) a derivative.
1.1(2.1)For the purposes of New Brunswick securities law, an order designating a person or a class of persons to be a reporting issuer shall be deemed to be revoked in the circumstances prescribed by regulation.
1.1(3)An order under subsection (1) or (2) may be made on the application of an interested person, the Executive Director or on the Commission’s own motion.
1.1(4)The Commission shall not make an order under subsection (1) or (2) without giving an interested person or the Executive Director an opportunity to be heard.
1.1(5)An order under subsection (1) may be retroactive in its operation.
1.1(6)After providing an opportunity to be heard, the Commission may, if in the opinion of the Commission it is in the public interest to do so,
(a) suspend or cancel a designation under subsection (1) or (2),
(b) remove, vary or replace any terms or conditions to which the designation is subject, or
(c) add terms and conditions to the designation.
2007, c.38, s.2; 2011, c.43, s.2; 2013, c.43, s.2; 2016, c.18, s.2; 2019, c.32, s.2
Designation orders
2007, c.38, s.2
1.1(1)If the Commission is of the opinion that to do so would not be prejudicial to the public interest, the Commission may make an order, subject to the terms and conditions that it considers appropriate, designating, for the purposes of New Brunswick securities law,
(a) a person or a class of persons not to be
(i) an insider,
(ii) a reporting issuer,
(iii) a mutual fund, or
(iv) a non-redeemable investment fund, or
(b) a contract or instrument or a class of contracts or instruments not to be
(i) a security, or
(ii) a derivative.
1.1(1.1)For the purposes of New Brunswick securities law, an order designating a person or a class of persons not to be a reporting issuer shall be deemed to be made in the circumstances prescribed by regulation.
1.1(2)If the Commission is of the opinion that it is in the public interest, the Commission may make an order, subject to the terms and conditions that it considers appropriate, designating, for the purposes of New Brunswick securities law,
(a) a person or a class of persons to be
(i) an insider,
(ii) a reporting issuer,
(iii) a mutual fund, or
(iv) a non-redeemable investment fund, or
(b) a contract or instrument or a class of contracts or instruments to be
(i) a security, or
(ii) a derivative.
1.1(2.1)For the purposes of New Brunswick securities law, an order designating a person or a class of persons to be a reporting issuer shall be deemed to be revoked in the circumstances prescribed by regulation.
1.1(3)An order under subsection (1) or (2) may be made on the application of an interested person, the Executive Director or on the Commission’s own motion.
1.1(4)The Commission shall not make an order under subsection (1) or (2) without giving an interested person or the Executive Director an opportunity to be heard.
1.1(5)An order under subsection (1) may be retroactive in its operation.
1.1(6)After providing an opportunity to be heard, the Commission may, if in the opinion of the Commission it is in the public interest to do so,
(a) suspend or cancel a designation under subsection (1) or (2),
(b) remove, vary or replace any terms or conditions to which the designation is subject, or
(c) add terms and conditions to the designation.
2007, c.38, s.2; 2011, c.43, s.2; 2013, c.43, s.2; 2016, c.18, s.2
Designation orders
2007, c.38, s.2
1.1(1)If the Commission is of the opinion that to do so would not be prejudicial to the public interest, the Commission may make an order, subject to the terms and conditions that it considers appropriate, designating, for the purposes of New Brunswick securities law,
(a) a person or a class of persons not to be
(i) an insider,
(ii) a reporting issuer,
(iii) a mutual fund, or
(iv) a non-redeemable investment fund, or
(b) a contract or instrument or a class of contracts or instruments not to be
(i) a security, or
(ii) a derivative.
1.1(2)If the Commission is of the opinion that it is in the public interest, the Commission may make an order, subject to the terms and conditions that it considers appropriate, designating, for the purposes of New Brunswick securities law,
(a) a person or a class of persons to be
(i) an insider,
(ii) a reporting issuer,
(iii) a mutual fund, or
(iv) a non-redeemable investment fund, or
(b) a contract or instrument or a class of contracts or instruments to be
(i) a security, or
(ii) a derivative.
1.1(3)An order under subsection (1) or (2) may be made on the application of an interested person, the Executive Director or on the Commission’s own motion.
1.1(4)The Commission shall not make an order under subsection (1) or (2) without giving an interested person or the Executive Director an opportunity to be heard.
1.1(5)An order under subsection (1) may be retroactive in its operation.
1.1(6)After providing an opportunity to be heard, the Commission may, if in the opinion of the Commission it is in the public interest to do so,
(a) suspend or cancel a designation under subsection (1) or (2),
(b) remove, vary or replace any terms or conditions to which the designation is subject, or
(c) add terms and conditions to the designation.
2007, c.38, s.2; 2011, c.43, s.2; 2013, c.43, s.2
Designation orders
2007, c.38, s.2
1.1(1)The Commission may, if the Commission is of the opinion that to do so would not be prejudicial to the public interest, make an order, subject to such terms and conditions as it considers appropriate, designating, for the purposes of New Brunswick securities law, a person or class of persons not to be
(a) an insider,
(b) a reporting issuer,
(c) a mutual fund, or
(d) a non-redeemable investment fund.
1.1(2)The Commission may, if in the opinion of the Commission it is in the public interest, make an order, subject to such terms and conditions as it considers appropriate, designating, for the purposes of New Brunswick securities law, a person to be
(a) an insider,
(b) a reporting issuer,
(c) a mutual fund, or
(d) a non-redeemable investment fund.
1.1(3)An order under subsection (1) or (2) may be made on the application of an interested person or the Executive Director.
1.1(4)The Commission shall not make an order under subsection (1) or (2) without giving an interested person or the Executive Director an opportunity to be heard.
1.1(5)An order under subsection (1) may be retroactive in its operation.
1.1(6)After providing an opportunity to be heard, the Commission may, if in the opinion of the Commission it is in the public interest to do so,
(a) suspend or cancel a designation under subsection (1) or (2),
(b) remove, vary or replace any terms or conditions to which the designation is subject, or
(c) add terms and conditions to the designation.
2007, c.38, s.2; 2011, c.43, s.2
Designation orders
2007, c.38, s.2
1.1(1)The Commission may, if the Commission is of the opinion that to do so would not be prejudicial to the public interest, make an order, subject to such terms and conditions as it considers appropriate, designating, for the purposes of New Brunswick securities law, a person or class of persons not to be
(a) an insider,
(b) a reporting issuer,
(c) a mutual fund, or
(d) a non-redeemable investment fund.
1.1(2)The Commission may, if in the opinion of the Commission it is in the public interest, make an order designating, for the purposes of New Brunswick securities law, a person to be
(a) an insider,
(b) a reporting issuer,
(c) a mutual fund, or
(d) a non-redeemable investment fund.
1.1(3)An order under subsection (1) or (2) may be made on the application of an interested person or the Executive Director.
1.1(4)The Commission shall not make an order under subsection (1) or (2) without giving an interested person or the Executive Director an opportunity to be heard.
1.1(5)An order under subsection (1) may be retroactive in its operation.
2007, c.38, s.2