Acts and Regulations

S-5.5 - Securities Act

Section 211
Disposition versions

Full text
Letters of request and reciprocal assistance
211(1)The Commission may apply to the Court of King’s Bench for an order
(a) appointing a person to take the evidence of a witness outside of New Brunswick for use in a proceeding before the Commission, and
(b) providing for the issuance of a letter of request directed to the judicial authorities of the jurisdiction in which the witness is to be found, requesting the issuance of such process as is necessary to compel the person to attend before the person appointed under paragraph (a) to give testimony under oath or in any other manner and to produce books, records, documents and things relevant to the subject matter of the proceeding.
211(2)The practice and procedure in connection with an appointment under this section, the taking of evidence and the certifying and return of the appointment shall, as far as possible, be the same as those that govern similar matters in civil proceedings in the Court of King’s Bench.
211(3)The making of an order under subsection (1) does not determine whether evidence obtained pursuant to the order is admissible in the proceeding before the Commission.
211(4)If the Court of King’s Bench is satisfied that a court or tribunal of competent jurisdiction outside of New Brunswick has, on behalf of a securities commission or other body empowered by statute to administer or regulate trading in securities or derivatives, duly authorized, by commission, order or other process, the obtaining of the testimony of a witness outside the jurisdiction of the securities commission or other body and within New Brunswick for use at a proceeding before the securities commission or other body, the Court of King’s Bench may order the examination of the witness before the person appointed in the manner and form directed by the commission, order or other process, and may, by the same or by subsequent order, order the attendance of the witness for the purpose of being examined, or the production of any book, record, document or thing mentioned in the order, and may give all such directions as to the time and place of the examination and all other matters connected with the examination as the Court of King’s Bench considers appropriate.
2013, c.43, s.50; 2023, c.17, s.253
Letters of request and reciprocal assistance
211(1)The Commission may apply to the Court of Queen’s Bench for an order
(a) appointing a person to take the evidence of a witness outside of New Brunswick for use in a proceeding before the Commission, and
(b) providing for the issuance of a letter of request directed to the judicial authorities of the jurisdiction in which the witness is to be found, requesting the issuance of such process as is necessary to compel the person to attend before the person appointed under paragraph (a) to give testimony under oath or in any other manner and to produce books, records, documents and things relevant to the subject matter of the proceeding.
211(2)The practice and procedure in connection with an appointment under this section, the taking of evidence and the certifying and return of the appointment shall, as far as possible, be the same as those that govern similar matters in civil proceedings in the Court of Queen’s Bench.
211(3)The making of an order under subsection (1) does not determine whether evidence obtained pursuant to the order is admissible in the proceeding before the Commission.
211(4)If the Court of Queen’s Bench is satisfied that a court or tribunal of competent jurisdiction outside of New Brunswick has, on behalf of a securities commission or other body empowered by statute to administer or regulate trading in securities or derivatives, duly authorized, by commission, order or other process, the obtaining of the testimony of a witness outside the jurisdiction of the securities commission or other body and within New Brunswick for use at a proceeding before the securities commission or other body, the Court of Queen’s Bench may order the examination of the witness before the person appointed in the manner and form directed by the commission, order or other process, and may, by the same or by subsequent order, order the attendance of the witness for the purpose of being examined, or the production of any book, record, document or thing mentioned in the order, and may give all such directions as to the time and place of the examination and all other matters connected with the examination as the Court of Queen’s Bench considers appropriate.
2013, c.43, s.50
Letters of request and reciprocal assistance
211(1)The Commission may apply to the Court of Queen’s Bench for an order
(a) appointing a person to take the evidence of a witness outside of New Brunswick for use in a proceeding before the Commission, and
(b) providing for the issuance of a letter of request directed to the judicial authorities of the jurisdiction in which the witness is to be found, requesting the issuance of such process as is necessary to compel the person to attend before the person appointed under paragraph (a) to give testimony under oath or in any other manner and to produce books, records, documents and things relevant to the subject matter of the proceeding.
211(2)The practice and procedure in connection with an appointment under this section, the taking of evidence and the certifying and return of the appointment shall, as far as possible, be the same as those that govern similar matters in civil proceedings in the Court of Queen’s Bench.
211(3)The making of an order under subsection (1) does not determine whether evidence obtained pursuant to the order is admissible in the proceeding before the Commission.
211(4)If the Court of Queen’s Bench is satisfied that a court or tribunal of competent jurisdiction outside of New Brunswick has, on behalf of a securities commission or other body empowered by statute to administer or regulate trading in securities, duly authorized, by commission, order or other process, the obtaining of the testimony of a witness outside the jurisdiction of the securities commission or other body and within New Brunswick for use at a proceeding before the securities commission or other body, the Court of Queen’s Bench may order the examination of the witness before the person appointed in the manner and form directed by the commission, order or other process, and may, by the same or by subsequent order, order the attendance of the witness for the purpose of being examined, or the production of any book, record, document or thing mentioned in the order, and may give all such directions as to the time and place of the examination and all other matters connected with the examination as the Court of Queen’s Bench considers appropriate.