Acts and Regulations

S-5.5 - Securities Act

Section 41.3
Disposition versions

Full text
Power regarding hearings
2019, c.32, s.3
41.3(1)If a self-regulatory organization recognized under subsection 35(1) is empowered under its bylaws or rules to conduct hearings, the self-regulatory organization has the same power that the Court of King’s Bench, for the trial of civil actions, has
(a) to summon and enforce the attendance of witnesses,
(b) to compel witnesses to give evidence under oath or in any other manner, and
(c) to compel witnesses to produce books, records, documents and things or classes of books, records, documents and things.
41.3(2)A person giving evidence at a hearing conducted under this Part may be represented by legal counsel.
41.3(3)On application to the Court of King’s Bench by the self-regulatory organization, the failure or refusal of a person to attend the hearing, to take an oath, to answer questions or to produce books, records, documents and things or classes of books, records, documents and things in the custody, possession or control of the person makes the person liable to be committed for contempt as if in breach of an order or judgment of the Court of King’s Bench.
41.3(4)A self-regulatory organization may receive in evidence any statement, document, book, record, information or thing that, in its opinion, is relevant to the matter before it, whether or not the statement, document, book, record, information or thing is given or produced under oath or would be admissible as evidence in a court of law.
2019, c.32, s.3; 2023, c.17, s.253
Power regarding hearings
2019, c.32, s.3
41.3(1)If a self-regulatory organization recognized under subsection 35(1) is empowered under its bylaws or rules to conduct hearings, the self-regulatory organization has the same power that the Court of Queen’s Bench, for the trial of civil actions, has
(a) to summon and enforce the attendance of witnesses,
(b) to compel witnesses to give evidence under oath or in any other manner, and
(c) to compel witnesses to produce books, records, documents and things or classes of books, records, documents and things.
41.3(2)A person giving evidence at a hearing conducted under this Part may be represented by legal counsel.
41.3(3)On application to the Court of Queen’s Bench by the self-regulatory organization, the failure or refusal of a person to attend the hearing, to take an oath, to answer questions or to produce books, records, documents and things or classes of books, records, documents and things in the custody, possession or control of the person makes the person liable to be committed for contempt as if in breach of an order or judgment of the Court of Queen’s Bench.
41.3(4)A self-regulatory organization may receive in evidence any statement, document, book, record, information or thing that, in its opinion, is relevant to the matter before it, whether or not the statement, document, book, record, information or thing is given or produced under oath or would be admissible as evidence in a court of law.
2019, c.32, s.3