Calls to residences
57(1)In this section, “residence” includes any building or part of a building in which the occupant resides permanently or temporarily or any appurtenant premises.
57(2)For the purpose of trading in any security or derivative or in any class of securities or derivatives, no person shall
(a)
call at any residence, or
(b)
telephone from within New Brunswick to any residence within or outside New Brunswick.
57(3)Subsection (2) does not apply if
(a)
the person calls at or telephones the residence
(i)
of a close personal friend, a business associate or a client with whom or on whose behalf the person calling or telephoning has been in the habit of trading in securities or derivatives, or
(ii)
of a person who has received a copy of a prospectus filed under this Act or the regulations and who has requested that information respecting a security offered in that prospectus be provided to that person by the person calling or telephoning if the person calling or telephoning refers only to the requested information respecting that security, or
(i)
making a trade in respect of which the person is exempted under the regulations from the requirement to be registered under this Act or the regulations, or
(ii)
trading in a security or a derivative in respect of which the person is exempted under the regulations from the requirement to be registered under this Act or the regulations.
57(4)For the purposes of this section, a person shall be deemed to have called at or telephoned a residence if an officer, director, representative or agent of the person calls at or telephones the residence on the person’s behalf.
57(5)The Commission may exempt from subsection (2) a person or class of persons trading in securities or derivatives generally, a specific security or derivative or a class of securities or class of derivatives.
2007, c.38, s.29; 2008, c.22, s.22; 2013, c.43, s.20