9.1(1)The following definition applies in this section.

9.1(2)A collection agency or person operating a branch office of a collection agency shall keep books, records and documents that are necessary for the proper recording of its business and affairs and shall keep any other books, records and documents that are otherwise required under this Act or the regulations.

9.1(3)A collection agency or person operating a branch office of a collection agency shall keep the books, records and documents at a safe location and in a durable form.

9.1(4)A collection agency or person operating a branch office of a collection agency shall retain the books, records and documents for a minimum period of seven years after the date of the transaction to which the books, records or documents relate.

9.1(5)A collection agency or person operating a branch office of a collection agency shall deliver to the Director, or to any other employee of the Commission, at any time that the Director or other employee requires

9.11(1)No holder of a licence issued under this Act shall make any false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material prepared or used in respect of a regulated activity.

9.11(2)If, in the opinion of the Director, a holder of a licence issued under this Act has made a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material referred to in subsection (1), the Director may order the holder of the licence to stop using that material immediately.

9.12(1)The Commission may appoint in writing a person as a compliance officer for the purpose of ensuring compliance with this Act and the regulations.

9.12(2)The Commission shall issue to every compliance officer a certificate of appointment and every compliance officer, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of appointment on request.

9.12(3)For the purpose of determining whether this Act and the regulations are being complied with, a compliance officer, in carrying out a compliance review, may

9.12(4)In carrying out a compliance review, a compliance officer may

9.12(5)A compliance officer may carry out a compliance review within or outside the Province.

9.12(6)A compliance officer shall not enter a private dwelling under subsection (3) unless the compliance officer has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.

9.12(7)Before or after attempting to enter or to have access to any premises, a compliance officer may apply for an entry warrant under the Entry Warrants Act.

9.12(8)The Commission may, in prescribed circumstances, require a collection agency or a person operating a branch office of a collection agency in respect of which a compliance review was carried out to pay the Commission any prescribed fee and to reimburse the Commission for any prescribed expenses.

9.2(1)A compliance officer who removes books, records or documents to make a copy or extract of them or any part of them shall give a receipt to the occupier of the premises for the books, records or documents removed and return the books, records or documents as soon as possible after the making of copies or extracts.

9.2(2)A copy or extract of any book, record or document related to a compliance review and purporting to be certified by a compliance officer is admissible in evidence in any action, proceeding or prosecution and is proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.

9.22(1)No person shall obstruct or interfere with a compliance officer who is carrying out or attempting to carry out a compliance review under this Part, or withhold, destroy, conceal, alter or refuse to produce any information or thing reasonably required by a compliance officer for the purposes of the compliance review.

9.22(2)A refusal of consent to enter a private dwelling is not and shall not be considered to be interfering with or obstructing within the meaning of subsection (1), except if an entry warrant has been obtained.

9.3(1)The Director may make an order under subsection (2)

9.3(2)By an order applicable generally or to one or more persons named or otherwise described in the order, the Director may require any of the following persons to provide information or to produce books, records or documents or classes of books, records or documents specified or otherwise described in the order within the time or at the intervals specified in the order:

9.3(3)The Director may require that the authenticity, accuracy or completeness of information provided or of a book, record or document or a class of books, records or documents produced pursuant to an order under subsection (2) be verified by affidavit.

9.3(4)The Director may require that the information provided or that the books, records or documents or classes of books, records or documents produced pursuant to an order made under subsection (2) be delivered in electronic form, if the information or the books, records or documents or classes of books, records or documents are already available in that form.

9.31(1)The Commission may, by order, appoint a person as an investigator to make any investigation that the Commission considers expedient

9.31(2)In its order, the Commission shall specify the scope of an investigation to be carried out under subsection (1).

9.32(1)An investigator may, with respect to the person who is the subject of the investigation, investigate, inspect and examine

9.32(2)For the purposes of an investigation under this Part, an investigator may inspect and examine any book, record, document or thing, whether in possession or control of the person in respect of whom the investigation is ordered or any other person.

9.32(3)An investigator making an investigation under this Part may, on production of the order appointing him or her,

9.32(4)Inspection or examination under this section shall be completed as soon as possible and the books, records, documents or things shall be returned promptly to the person who produced them.

9.32(5)No person shall withhold, destroy, conceal, alter or refuse to give any information or withhold, destroy, conceal, alter or refuse to produce any book, record, document or thing reasonably required under subsection (3) by an investigator.

9.4(1)An investigator making an investigation under this Part has the same power to summon and enforce the attendance of witnesses, to compel witnesses to give evidence under oath or in any other manner and to compel witnesses to produce books, records, documents and things or classes of books, records, documents and things as the Court of Queen’s Bench has for the trial of civil actions.

9.4(2)On the application of an investigator to the Court of Queen’s Bench, the failure or refusal of a person to attend, 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.

9.4(3)A person giving evidence at an investigation conducted under this section may be represented by legal counsel.

9.4(4)Testimony given by a person under this section shall not be admitted into evidence against that person in any prosecution other than for perjury in the giving of that testimony or the giving of evidence contradictory to that testimony.

9.42(1)On request to the investigator by the person who, at the time of the seizure, was in lawful possession of books, records, documents or things seized under this Part, the books, records, documents or things seized shall, at a time and place mutually convenient to the person who was in lawful possession of them at the time of the seizure and the investigator, be made available for consultation and copying by the person.

9.42(2)If books, records, documents or things are seized under this Part and the matter for which the books, records, documents or things were seized is concluded, the investigator shall return those books, records, documents or things to the person who was in lawful possession of them at the time of the seizure within 60 days after the day that the matter is concluded.

9.42(3)If books, records, documents or things are seized under this Part and the person who was in lawful possession of the books, records, documents or things at the time of the seizure alleges that the books, records, documents or things are not relevant in respect of the matter for which they were seized, that person may apply by notice of motion to the Court of Queen’s Bench for the return of the books, records, documents or things.

9.42(4)On a motion under subsection (3), the Court of Queen’s Bench shall order the return of any books, records, documents or things that it determines are not relevant to the matter for which they were seized to the person who was in lawful possession of the books, records, documents or things at the time of the seizure.

9.5(1)If an investigation has been made under this Part, the investigator shall, at the request of the Commission, provide a report of the investigation to the Commission or any transcripts of evidence or any material or other things in the investigator’s possession relating to the investigation.

9.5(2)A report that is provided to the Commission under this section is privileged and is inadmissible in evidence in any action or proceeding.

9.51(1)For the purpose of protecting the integrity of an investigation under this Part, the Commission may make an order that applies for the duration of the investigation, prohibiting a person from disclosing to any person other than the person’s lawyer the following information:

9.51(2)An order under subsection (1) does not apply to disclosures authorized by the regulations or by the Director in writing.

9.51(3)An investigator making an investigation under this Part may make, or authorize the making of, any disclosure of information that may be required for the effectual conduct of the investigation.

9.6(1)A person who does any of the following commits an offence, and is liable on conviction, for each offence, if an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and if a person other than an individual, to a fine of not more than $250,000:

9.6(2)Without limiting the availability of other defences, no person commits an offence under paragraph (1)(a) or (b) if

9.62(1)On the application of the Commission, the Tribunal may make one or more of the following orders if the Tribunal considers it expedient for the administration of this Act or the regulations or to assist in the administration of similar legislation of another jurisdiction:

9.62(2)An order under subsection (1) that names a financial institution shall apply only to the branches of the financial institution identified in the order.

9.62(3)An order under subsection (1) is effective for seven days after its making, but the Commission may apply to the Court of Queen’s Bench to continue the order or for any other order that the Court of Queen’s Bench considers appropriate.

9.62(4)An order under subsection (1) may be made ex parte but, in that event, copies of the order shall be sent without delay by any means that the Tribunal determines to all persons named in the order.

9.62(5)A person in receipt of an order under subsection (1) who is in doubt as to the application of the order to any funds, securities or property or as to a claim being made to that person by any person not named in the order may apply to the Tribunal for direction or clarification.

9.62(6)The Tribunal, on the application of the Commission or of a person directly affected by the order, may revoke an order under subsection (1) or permit the release of any funds, securities or property in respect of which the order was made.

9.62(7)A notice of an order under subsection (1) may be registered or recorded against the lands or claims identified in the order by submitting the notice to the appropriate registry office established under the Registry Act or to the appropriate land titles office established under the Land Titles Act.

9.62(8)The Tribunal may order a notice submitted under subsection (7) to be revoked or modified and, if an order is made, the Commission shall submit a copy of the revocation or modification to the appropriate registry office or land titles office.

9.62(9)On submission of a notice under subsection (7) or a copy of a written revocation or modification under subsection (8), the notice or the copy of the revocation or modification shall be registered or recorded in the registry office or land titles office, as the case may be, by the registrar and has the same effect as the registration or recording of a certificate of pending litigation.

9.7(1)On the application of the Commission, the Tribunal, if in its opinion it is in the public interest to do so, may make one or more of the following orders:

9.7(2)The Tribunal may impose any terms and conditions that the Tribunal considers appropriate on an order under this section.

9.7(3)A person who is the subject of an order made under this section shall comply with any terms and conditions imposed on the order.

9.7(4)Unless the parties and the Tribunal consent, no order shall be made under this section without a hearing.

9.7(5)Despite subsection (4), if in the opinion of the Tribunal the length of time required to hold a hearing could be prejudicial to the public interest, the Tribunal, without a hearing, may make a temporary order under paragraph (1)(a), (b), (c) or (f).

9.7(6)The temporary order shall take effect immediately and shall expire on the fifteenth day after its making unless extended by the Tribunal.

9.7(7)The Tribunal may extend a temporary order until the hearing is concluded if a hearing is commenced within the 15-day period.

9.7(8)The Commission shall without delay give written notice of an order or temporary order made under this section to any person directly affected by the order or temporary order.

9.71(1)On the application of the Commission and after conducting a hearing, the Tribunal may order a person to pay an administrative penalty of, in the case of an individual, not more than $25,000, and in the case of a person other than an individual, not more than $100,000, if the Tribunal

9.71(2)The Tribunal may make an order under this section despite the imposition of any other penalty on the person or the making of any other order by the Tribunal, the Commission or the Director related to the same matter.

9.81(1)Despite any other provision of this Act or the regulations, an administrative proceeding conducted by the Commission, the Tribunal or the Director under this Act or the regulations may be disposed of by

9.81(2)An agreement, written undertaking or decision made, accepted or approved under subsection (1) may be enforced in the same manner as a decision made by the Commission, the Tribunal or the Director under any other provision of this Act or under the regulations.

12(1)The holder of a licence to carry on the business of a collection agency or the holder of a licence to operate a branch office of a collection agency shall maintain a trust account in a chartered bank, credit union or trust company and deposit all money received on behalf of a client in the trust account.

4(4)No person shall fail to produce on the request of the Inspector any book or document or fail to answer any question relating to the affairs or business of the association.

38(12)No auditor shall wilfully fail to report on the accounts of an association as required by subsection (9).

59.1(1)A person who does any of the following commits an offence, and is liable on conviction, for each offence, if an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and if a person other than an individual, to a fine of not more than $250,000:

59.1(2)Without limiting the availability of other defences, no person commits an offence under paragraph (1)(c) or (d) if

59.2(1)No association shall make any false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material prepared or used in respect of a regulated activity.

59.2(2)If, in the opinion of the Inspector, an association has made a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material referred to in subsection (1), the Inspector may order the association to stop using that material immediately.

59.3(1)On the application of the Commission, the Tribunal may make one or more of the following orders if the Tribunal considers it expedient for the administration of this Act or the regulations or to assist in the administration of similar legislation of another jurisdiction:

59.3(2)An order under subsection (1) that names a financial institution shall apply only to the branches of the financial institution identified in the order.

59.3(3)An order under subsection (1) is effective for seven days after its making, but the Commission may apply to the Court of Queen’s Bench to continue the order or for any other order that the Court of Queen’s Bench considers appropriate.

59.3(4)An order under subsection (1) may be made ex parte but, in that event, copies of the order shall be sent without delay by any means that the Tribunal determines to all persons named in the order.

59.3(5)A person in receipt of an order under subsection (1) who is in doubt as to the application of the order to any funds, securities or property or as to a claim being made to that person by any person not named in the order may apply to the Tribunal for direction or clarification.

59.3(6)The Tribunal, on the application of the Commission or of a person directly affected by the order, may revoke an order under subsection (1) or permit the release of any funds, securities or property in respect of which the order was made.

59.3(7)A notice of an order under subsection (1) may be registered or recorded against the lands or claims identified in the order by submitting the notice to the appropriate registry office established under the Registry Act or to the appropriate land titles office established under the Land Titles Act.

59.3(8)The Tribunal may order a notice submitted under subsection (7) to be revoked or modified and, if an order is made, the Commission shall submit a copy of the revocation or modification to the appropriate registry office or land titles office.

59.3(9)On submission of a notice under subsection (7) or a copy of a written revocation or modification under subsection (8), the notice or the copy of the revocation or modification shall be registered or recorded in the registry office or land titles office, as the case may be, by the registrar and has the same effect as the registration or recording of a certificate of pending litigation.

59.4(1)On the application of the Commission, the Tribunal, if in its opinion it is in the public interest to do so, may make one or more of the following orders:

59.4(2)The Tribunal may impose any terms and conditions that the Tribunal considers appropriate on an order under this section.

59.4(3)A person who is the subject of an order made under this section shall comply with any terms and conditions imposed on the order.

59.4(4)Unless the parties and the Tribunal consent, no order shall be made under this section without a hearing.

59.4(5)Despite subsection (4), if in the opinion of the Tribunal the length of time required to hold a hearing could be prejudicial to the public interest, the Tribunal, without a hearing, may make a temporary order under paragraph (1)(a), (b) or (e).

59.4(6)The temporary order shall take effect immediately and shall expire on the fifteenth day after its making unless extended by the Tribunal.

59.4(7)The Tribunal may extend a temporary order until the hearing is concluded if a hearing is commenced within the 15-day period.

59.4(8)The Commission shall without delay give written notice of an order or temporary order made under this section to any person directly affected by the order or temporary order.

59.5(1)On the application of the Commission and after conducting a hearing, the Tribunal may order a person to pay an administrative penalty of, in the case of an individual, not more than $25,000, and in the case of a person other than an individual, not more than $100,000, if the Tribunal

59.5(2)The Tribunal may make an order under this section despite the imposition of any other penalty on the person or the making of any other order by the Tribunal, the Commission or the Inspector related to the same matter.

59.7(1)Despite any other provision of this Act or the regulations, an administrative proceeding conducted by the Commission, the Tribunal or the Inspector under this Act or the regulations may be disposed of by

59.7(2)An agreement, written undertaking or decision made, accepted or approved under subsection (1) may be enforced in the same manner as a decision made by the Commission, the Tribunal or the Inspector under any other provision of this Act or under the regulations.

27(4)No person shall use a register for purposes not related to the affairs of the credit union.

118(4)No auditor or former auditor of a credit union shall fail to comply with subsection (2) without reasonable cause.

123(4)No director or officer of a credit union shall knowingly fail to comply with subsection (1) or (3).

249(1)A person who does any of the following commits an offence, and is liable on conviction, for each offence, if an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and if a person other than an individual, to a fine of not more than $250,000:

249(2)Without limiting the availability of other defences, no person commits an offence under paragraph (1)(a) or (b) if

249.11(1)No credit union shall make any false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material prepared or used in respect of a regulated activity.

249.11(2)If, in the opinion of the Superintendent, a credit union has made a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material referred to in subsection (1), the Superintendent may order the credit union to stop using that material immediately.

249.2(1)On the application of the Commission, the Tribunal may make one or more of the following orders if the Tribunal considers it expedient for the administration of this Act or the regulations or to assist in the administration of similar legislation of another jurisdiction:

249.2(2)An order under subsection (1) that names a financial institution shall apply only to the branches of the financial institution identified in the order.

249.2(3)An order under subsection (1) is effective for seven days after its making, but the Commission may apply to the Court to continue the order or for any other order that the Court considers appropriate.

249.2(4)An order under subsection (1) may be made ex parte but, in that event, copies of the order shall be sent without delay by any means that the Tribunal determines to all persons named in the order.

249.2(5)A person in receipt of an order under subsection (1) who is in doubt as to the application of the order to any funds, securities or property or as to a claim being made to that person by any person not named in the order may apply to the Tribunal for direction or clarification.

249.2(6)The Tribunal, on the application of the Commission or of a person directly affected by the order, may revoke an order under subsection (1) or permit the release of any funds, securities or property in respect of which the order was made.

249.2(7)A notice of an order under subsection (1) may be registered or recorded against the lands or claims identified in the order by submitting the notice to the appropriate registry office established under the Registry Act or to the appropriate land titles office established under the Land Titles Act.

249.2(8)The Tribunal may order a notice submitted under subsection (7) to be revoked or modified and, if an order is made, the Commission shall submit a copy of the revocation or modification to the appropriate registry office or land titles office.

249.2(9)On submission of a notice under subsection (7) or a copy of a written revocation or modification under subsection (8), the notice or the copy of the revocation or modification shall be registered or recorded in the registry office or land titles office, as the case may be, by the registrar and has the same effect as the registration or recording of a certificate of pending litigation.

249.21(1)On the application of the Commission, the Tribunal, if in its opinion it is in the public interest to do so, may make one or more of the following orders:

249.21(2)The Tribunal may impose any terms and conditions that the Tribunal considers appropriate on an order under this section.

249.21(3)A person who is the subject of an order made under this section shall comply with any terms and conditions imposed on the order.

249.21(4)Unless the parties and the Tribunal consent, no order shall be made under this section without a hearing.

249.21(5)Despite subsection (4), if in the opinion of the Tribunal the length of time required to hold a hearing could be prejudicial to the public interest, the Tribunal, without a hearing, may make an interim order under paragraph (1)(a), (b) or (e).

249.21(6)The interim order shall take effect immediately and shall expire on the fifteenth day after its making unless extended by the Tribunal.

249.21(7)The Tribunal may extend an interim order until the hearing is concluded if a hearing is commenced within the 15-day period.

249.21(8)The Commission shall without delay give written notice of an order or interim order made under this section to any person directly affected by the order or interim order.

249.3(1)On the application of the Commission and after conducting a hearing, the Tribunal may order a person to pay an administrative penalty of, in the case of an individual, not more than $25,000, and in the case of a person other than an individual, not more than $100,000, if the Tribunal

249.3(2)The Tribunal may make an order under this section despite the imposition of any other penalty on the person or the making of any other order by the Tribunal, the Commission or the Superintendent related to the same matter.

249.5(1)Despite any other provision of this Act or the regulations, an administrative proceeding conducted by the Commission, the Tribunal or the Superintendent under this Act or the regulations may be disposed of by

249.5(2)An agreement, written undertaking or decision made, accepted or approved under subsection (1) may be enforced in the same manner as a decision made by the Commission, the Tribunal or the Superintendent under any other provision of this Act or under the regulations.

277.1(1)The Superintendent may make an order under subsection (2)

277.1(2)By an order applicable generally or to one or more persons named or otherwise described in the order, the Superintendent may require any of the following persons to provide information or to produce books, registers, accounts, records or other documents or classes of books, registers, accounts, records or other documents specified or otherwise described in the order within the time or at the intervals specified in the order:

277.1(3)The Superintendent may require that the authenticity, accuracy or completeness of information provided or of a book, register, account, record or other document or a class of books, registers, accounts, records or other documents produced pursuant to an order under subsection (2) be verified by affidavit.

277.1(4)The Superintendent may require that the information provided or that the books, registers, accounts, records or other documents or classes of books, registers, accounts, records or other documents produced pursuant to an order made under subsection (2) be delivered in electronic form, if the information or the books, registers, accounts, records or other documents or classes of books, registers, accounts, records or other documents are already available in that form.

277.2(1)The Commission may, by order, appoint a person as an investigator to make any investigation that the Commission considers expedient

277.2(2)In its order, the Commission shall specify the scope of an investigation to be carried out under subsection (1).

277.3(1)An investigator may, with respect to the person who is the subject of the investigation, investigate, inspect and examine

277.3(2)For the purposes of an investigation under this Part, an investigator may inspect and examine any book, register, account, record or other document or thing, whether in possession or control of the person in respect of whom the investigation is ordered or any other person.

277.3(3)An investigator making an investigation under this Part may, on production of the order appointing him or her,

277.3(4)Inspection or examination under this section shall be completed as soon as possible and the books, registers, accounts, records or other documents or things shall be returned promptly to the person who produced them.

277.3(5)No person shall withhold, destroy, conceal, alter or refuse to give any information or withhold, destroy, conceal, alter or refuse to produce any book, register, account, record or other document or thing reasonably required under subsection (3) by an investigator.

277.4(1)An investigator making an investigation under this Part has the same power to summon and enforce the attendance of witnesses, to compel witnesses to give evidence under oath or in any other manner and to compel witnesses to produce books, registers, accounts, records or other documents or things or classes of books, registers, accounts, records or other documents or things as the Court has for the trial of civil actions.

277.4(2)On the application of an investigator to the Court, the failure or refusal of a person to attend, to take an oath, to answer questions or to produce books, registers, accounts, records or other documents or things or classes of books, registers, accounts, records or other documents or 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.

277.4(3)A person giving evidence at an investigation conducted under this section may be represented by legal counsel.

277.4(4)Testimony given by a person under this section shall not be admitted into evidence against that person in any prosecution other than for perjury in the giving of that testimony or the giving of evidence contradictory to that testimony.

277.6(1)On request to the investigator by the person who, at the time of the seizure, was in lawful possession of books, registers, accounts, records or other documents or things seized under this Part, the books, registers, accounts, records or other documents or things seized shall, at a time and place mutually convenient to the person who was in lawful possession of them at the time of the seizure and the investigator, be made available for consultation and copying by the person.

277.6(2)If books, registers, accounts, records or other documents or things are seized under this Part and the matter for which they were seized is concluded, the investigator shall return those books, registers, accounts, records or other documents or things to the person who was in lawful possession of them at the time of the seizure within 60 days after the day that the matter is concluded.

277.6(3)If books, registers, accounts, records or other documents or things are seized under this Part and the person who was in lawful possession of the books, registers, accounts, records or other documents or things at the time of the seizure alleges that they are not relevant in respect of the matter for which they were seized, that person may apply by notice of motion to the Court for the return of the books, registers, accounts, records or other documents or things.

277.6(4)On a motion under subsection (3), the Court shall order the return of any books, registers, accounts, records or other documents or things that it determines are not relevant to the matter for which they were seized to the person who was in lawful possession of them at the time of the seizure.

277.7(1)If an investigation has been made under this Part, the investigator shall, at the request of the Commission, provide a report of the investigation to the Commission or any transcripts of evidence or any material or other things in the investigator’s possession relating to the investigation.

277.7(2)A report that is provided to the Commission under this section is privileged and is inadmissible in evidence in any action or proceeding.

277.8(1)For the purpose of protecting the integrity of an investigation under this Part, the Commission may make an order that applies for the duration of the investigation, prohibiting a person from disclosing to any person other than the person’s lawyer the following information:

277.8(2)An order under subsection (1) does not apply to disclosures authorized by the regulations or by the Superintendent in writing.

277.8(3)An investigator making an investigation under this Part may make, or authorize the making of, any disclosure of information that may be required for the effectual conduct of the investigation.

24.1(1)The following definition applies in this section.

24.1(2)A direct seller or a vendor shall keep books, records and documents that are necessary for the proper recording of its business and affairs and shall keep any other books, records and documents that are otherwise required under this Act or the regulations.

24.1(3)A direct seller or a vendor shall keep the books, records and documents at a safe location and in a durable form.

24.1(4)A direct seller or a vendor shall retain the books, records and documents for a minimum period of seven years after the date of the transaction to which the books, records or documents relate.

24.1(5)A direct seller or a vendor shall deliver to the Director, or to any other employee of the Commission, at any time that the Director or other employee requires

24.11(1)No holder of a licence issued under this Act shall make any false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material prepared or used in respect of a regulated activity.

24.11(2)If, in the opinion of the Director, a holder of a licence issued under this Act has made a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material referred to in subsection (1), the Director may order the holder of the licence to stop using that material immediately.

24.12(1)The Commission may appoint in writing a person as a compliance officer for the purpose of ensuring compliance with this Act and the regulations.

24.12(2)The Commission shall issue to every compliance officer a certificate of appointment and every compliance officer, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of appointment on request.

24.12(3)For the purpose of determining whether this Act and the regulations are being complied with, a compliance officer, in carrying out a compliance review, may

24.12(4)In carrying out a compliance review, a compliance officer may

24.12(5)A compliance officer may carry out a compliance review within or outside the Province.

24.12(6)A compliance officer shall not enter a private dwelling under subsection (3) unless the compliance officer has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.

24.12(7)Before or after attempting to enter or to have access to any premises, a compliance officer may apply for an entry warrant under the Entry Warrants Act.

24.12(8)The Commission may, in circumstances prescribed by regulation, require a direct seller or vendor in respect of which a compliance review was carried out to pay the Commission any fee prescribed by regulation and to reimburse the Commission for any expenses prescribed by regulation.

24.2(1)A compliance officer who removes books, records or documents to make a copy or extract of them or any part of them shall give a receipt to the occupier of the premises for the books, records or documents removed and return the books, records or documents as soon as possible after the making of copies or extracts.

24.2(2)A copy or extract of any book, record or document related to a compliance review and purporting to be certified by a compliance officer is admissible in evidence in any action, proceeding or prosecution and is proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.

24.22(1)No person shall obstruct or interfere with a compliance officer who is carrying out or attempting to carry out a compliance review under this Act, or withhold, destroy, conceal, alter or refuse to produce any information or thing reasonably required by a compliance officer for the purposes of the compliance review.

24.22(2)A refusal of consent to enter a private dwelling is not and shall not be considered to be interfering with or obstructing within the meaning of subsection (1), except if an entry warrant has been obtained.

24.3(1)The Director may make an order under subsection (2)

24.3(2)By an order applicable generally or to one or more persons named or otherwise described in the order, the Director may require any of the following persons to provide information or to produce books, records or documents or classes of books, records or documents specified or otherwise described in the order within the time or at the intervals specified in the order:

24.3(3)The Director may require that the authenticity, accuracy or completeness of information provided or of a book, record or document or a class of books, records or documents produced pursuant to an order under subsection (2) be verified by affidavit.

24.3(4)The Director may require that the information provided or that the books, records or documents or classes of books, records or documents produced pursuant to an order made under subsection (2) be delivered in electronic form, if the information or the books, records or documents or classes of books, records or documents are already available in that form.

24.31(1)The Commission may, by order, appoint a person as an investigator to make any investigation that the Commission considers expedient

24.31(2)In its order, the Commission shall specify the scope of an investigation to be carried out under subsection (1).

24.32(1)An investigator may, with respect to the person who is the subject of the investigation, investigate, inspect and examine

24.32(2)For the purposes of an investigation under this Act, an investigator may inspect and examine any book, record, document or thing, whether in possession or control of the person in respect of whom the investigation is ordered or any other person.

24.32(3)An investigator making an investigation under this Act may, on production of the order appointing him or her,

24.32(4)Inspection or examination under this section shall be completed as soon as possible and the books, records, documents or things shall be returned promptly to the person who produced them.

24.32(5)No person shall withhold, destroy, conceal, alter or refuse to give any information or withhold, destroy, conceal, alter or refuse to produce any book, record, document or thing reasonably required under subsection (3) by an investigator.

24.4(1)An investigator making an investigation under this Act has the same power to summon and enforce the attendance of witnesses, to compel witnesses to give evidence under oath or in any other manner and to compel witnesses to produce books, records, documents and things or classes of books, records, documents and things as the Court of Queen’s Bench has for the trial of civil actions.

24.4(2)On the application of an investigator to the Court of Queen’s Bench, the failure or refusal of a person to attend, 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.

24.4(3)A person giving evidence at an investigation conducted under this section may be represented by legal counsel.

24.4(4)Testimony given by a person under this section shall not be admitted into evidence against that person in any prosecution other than for perjury in the giving of that testimony or the giving of evidence contradictory to that testimony.

24.42(1)On request to the investigator by the person who, at the time of the seizure, was in lawful possession of books, records, documents or things seized under this Act, the books, records, documents or things seized shall, at a time and place mutually convenient to the person who was in lawful possession of them at the time of the seizure and the investigator, be made available for consultation and copying by the person.

24.42(2)If books, records, documents or things are seized under this Act and the matter for which the books, records, documents or things were seized is concluded, the investigator shall return those books, records, documents or things to the person who was in lawful possession of them at the time of the seizure within 60 days after the day that the matter is concluded.

24.42(3)If books, records, documents or things are seized under this Act and the person who was in lawful possession of the books, records, documents or things at the time of the seizure alleges that the books, records, documents or things are not relevant in respect of the matter for which they were seized, that person may apply by notice of motion to the Court of Queen’s Bench for the return of the books, records, documents or things.

24.42(4)On a motion under subsection (3), the Court of Queen’s Bench shall order the return of any books, records, documents or things that it determines are not relevant to the matter for which they were seized to the person who was in lawful possession of the books, records, documents or things at the time of the seizure.

24.5(1)If an investigation has been made under this Act, the investigator shall, at the request of the Commission, provide a report of the investigation to the Commission or any transcripts of evidence or any material or other things in the investigator’s possession relating to the investigation.

24.5(2)A report that is provided to the Commission under this section is privileged and is inadmissible in evidence in any action or proceeding.

24.51(1)For the purpose of protecting the integrity of an investigation under this Act, the Commission may make an order that applies for the duration of the investigation, prohibiting a person from disclosing to any person other than the person’s lawyer the following information:

24.51(2)An order under subsection (1) does not apply to disclosures authorized by the regulations or by the Director in writing.

24.51(3)An investigator making an investigation under this Act may make, or authorize the making of, any disclosure of information that may be required for the effectual conduct of the investigation.

24.6(1)A person who does any of the following commits an offence, and is liable on conviction, for each offence, if an individual, to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both, and if a person other than an individual, to a fine of not more than $100,000:

24.6(2)Without limiting the availability of other defences, no person commits an offence under paragraph (1)(a) or (b) if

24.62(1)On the application of the Commission, the Tribunal may make one or more of the following orders if the Tribunal considers it expedient for the administration of this Act or the regulations or to assist in the administration of similar legislation of another jurisdiction:

24.62(2)An order under subsection (1) that names a financial institution shall apply only to the branches of the financial institution identified in the order.

24.62(3)An order under subsection (1) is effective for seven days after its making, but the Commission may apply to the Court of Queen’s Bench to continue the order or for any other order that the Court of Queen’s Bench considers appropriate.

24.62(4)An order under subsection (1) may be made ex parte but, in that event, copies of the order shall be sent without delay by any means that the Tribunal determines to all persons named in the order.

24.62(5)A person in receipt of an order under subsection (1) who is in doubt as to the application of the order to any funds, securities or property or as to a claim being made to that person by any person not named in the order may apply to the Tribunal for direction or clarification.

24.62(6)The Tribunal, on the application of the Commission or of a person directly affected by the order, may revoke an order under subsection (1) or permit the release of any funds, securities or property in respect of which the order was made.

24.62(7)A notice of an order under subsection (1) may be registered or recorded against the lands or claims identified in the order by submitting the notice to the appropriate registry office established under the Registry Act or to the appropriate land titles office established under the Land Titles Act.

24.62(8)The Tribunal may order a notice submitted under subsection (7) to be revoked or modified and, if an order is made, the Commission shall submit a copy of the revocation or modification to the appropriate registry office or land titles office.

24.62(9)On submission of a notice under subsection (7) or a copy of a written revocation or modification under subsection (8), the notice or the copy of the revocation or modification shall be registered or recorded in the registry office or land titles office, as the case may be, by the registrar and has the same effect as the registration or recording of a certificate of pending litigation.

24.7(1)On the application of the Commission, the Tribunal, if in its opinion it is in the public interest to do so, may make one or more of the following orders:

24.7(2)The Tribunal may impose any terms and conditions that the Tribunal considers appropriate on an order under this section.

24.7(3)A person who is the subject of an order made under this section shall comply with any terms and conditions imposed on the order.

24.7(4)Unless the parties and the Tribunal consent, no order shall be made under this section without a hearing.

24.7(5)Despite subsection (4), if in the opinion of the Tribunal the length of time required to hold a hearing could be prejudicial to the public interest, the Tribunal, without a hearing, may make a temporary order under paragraph (1)(a), (b), (c) or (f).

24.7(6)The temporary order shall take effect immediately and shall expire on the fifteenth day after its making unless extended by the Tribunal.

24.7(7)The Tribunal may extend a temporary order until the hearing is concluded if a hearing is commenced within the 15-day period.

24.7(8)The Commission shall without delay give written notice of an order or temporary order made under this section to any person directly affected by the order or temporary order.

24.71(1)On the application of the Commission and after conducting a hearing, the Tribunal may order a person to pay an administrative penalty of, in the case of an individual, not more than $15,000, and in the case of a person other than an individual, not more than $75,000, if the Tribunal

24.71(2)The Tribunal may make an order under this section despite the imposition of any other penalty on the person or the making of any other order by the Tribunal, the Commission or the Director related to the same matter.

24.81(1)Despite any other provision of this Act or the regulations, an administrative proceeding conducted by the Commission, the Tribunal or the Director under this Act or the regulations may be disposed of by

24.81(2)An agreement, written undertaking or decision made, accepted or approved under subsection (1) may be enforced in the same manner as a decision made by the Commission, the Tribunal or the Director under any other provision of this Act or under the regulations.

28(4)The Director shall not refuse to issue a licence or suspend or cancel a licence under this section without giving the person applying for the licence or the holder of the licence an opportunity to be heard.

21(6)For the purposes of subsection (2), amounts disgorged to the Commission under any of the following statutory provisions shall not be used for the normal operating expenditures of the Commission and shall be used only in accordance with the rules made under paragraph 59(1)(b.1) or the regulations or rules made under the statute in question:

352(9.01)In a case where no advisory board is nominated under subsection (9), the decision of the Superintendent made under subsection (8) after he or she has held a hearing may be appealed to the Tribunal.

364(1.1)Despite anything else in this section, if the licence of an agent or a broker is suspended or cancelled under this Act, the Superintendent may order the institution in which the agent or broker’s trust account is held to refrain from paying out all or any part of the money in the account for the period of the suspension or cancellation.

372(1)The following definition applies in this section.

372(2)All books, accounts, records and documents required under this Act or the regulations to be kept by an insurer, an agent, a broker, an adjuster or a damage appraiser shall be kept by the insurer, agent, broker, adjuster or damage appraiser at a safe location and in a durable form.

372(3)The insurer, agent, broker, adjuster or damage appraiser shall keep client information for a minimum period of seven years after the latest of the following dates:

372(4)An insurer, an agent, a broker, an adjuster or a damage appraiser shall deliver to the Superintendent, or to any other employee of the Financial and Consumer Services Commission, at any time that the Superintendent or other employee requires

373(1)Without limiting any other compliance powers under this Act or the regulations, the Financial and Consumer Services Commission may appoint in writing a person as a compliance officer for the purpose of ensuring compliance with this Act and the regulations.

373(2)The Financial and Consumer Services Commission shall issue to every compliance officer a certificate of appointment and every compliance officer, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of appointment on request.

373(3)For the purpose of determining whether this Act and the regulations are being complied with, a compliance officer, in carrying out a compliance review, may

373(4)In carrying out a compliance review, a compliance officer may

373(5)A compliance officer may carry out a compliance review within or outside the Province.

373(6)A compliance officer shall not enter a private dwelling under subsection (3) unless the compliance officer has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.

373(7)Before or after attempting to enter or to have access to any premises, a compliance officer may apply for an entry warrant under the Entry Warrants Act.

373(8)The Financial and Consumer Services Commission may, in circumstances prescribed by regulation, require an insurer, an agent, a broker, an adjuster or a damage appraiser in respect of which a compliance review was carried out to pay the Financial and Consumer Services Commission any fee prescribed by regulation and to reimburse the Financial and Consumer Services Commission for any expenses prescribed by regulation.

373(9)The Lieutenant-Governor in Council may make regulations prescribing circumstances, fees and expenses for the purposes of subsection (8).

374(1)A compliance officer who removes books, accounts, records or documents to make a copy or extract of them or any part of them shall give a receipt to the occupier of the premises for the books, accounts, records or documents removed and return the books, accounts, records or documents as soon as possible after the making of copies or extracts.

374(2)A copy or extract of any book, account, record or document related to a compliance review and purporting to be certified by a compliance officer is admissible in evidence in any action, proceeding or prosecution and is proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.

376(1)No person shall obstruct or interfere with a compliance officer who is carrying out or attempting to carry out a compliance review under this Part, or withhold, destroy, conceal, alter or refuse to produce any information or thing reasonably required by a compliance officer for the purposes of the compliance review.

376(2)A refusal of consent to enter a private dwelling is not and shall not be considered to be interfering with or obstructing within the meaning of subsection (1), except if an entry warrant has been obtained.

377(1)The Superintendent may make an order under subsection (2)

377(2)By an order applicable generally or to one or more persons named or otherwise described in the order, the Superintendent may require any of the following persons to provide information or to produce books, accounts, records or documents or classes of books, accounts, records or documents specified or otherwise described in the order within the time or at the intervals specified in the order:

377(3)The Superintendent may require that the authenticity, accuracy or completeness of information provided or of a book, account, record or document or a class of books, accounts, records or documents produced pursuant to an order under subsection (2) be verified by affidavit.

377(4)The Superintendent may require that the information provided or that the books, accounts, records or documents or classes of books, accounts, records or documents produced pursuant to an order made under subsection (2) be delivered in electronic form, if the information or the books, accounts, records or documents or classes of books, accounts, records or documents are already available in that form.

378(1)Without limiting any other investigative powers under this Act or the regulations, the Financial and Consumer Services Commission may, by order, appoint a person as an investigator to make any investigation that the Financial and Consumer Services Commission considers expedient

378(2)In its order, the Financial and Consumer Services Commission shall specify the scope of an investigation to be carried out under subsection (1).

379(1)An investigator may, with respect to the person who is the subject of the investigation, investigate, inspect and examine

379(2)For the purposes of an investigation under this Part, an investigator may inspect and examine any book, account, record, document or thing, whether in possession or control of the person in respect of whom the investigation is ordered or any other person.

379(3)An investigator making an investigation under this Part may, on production of the order appointing him or her,

379(4)Inspection or examination under this section shall be completed as soon as possible and the books, accounts, records, documents or things shall be returned promptly to the person who produced them.

379(5)No person shall withhold, destroy, conceal, alter or refuse to give any information or withhold, destroy, conceal, alter or refuse to produce any book, account, record, document or thing reasonably required under subsection (3) by an investigator.

380(1)An investigator making an investigation under this Part has the same power to summon and enforce the attendance of witnesses, to compel witnesses to give evidence under oath or in any other manner and to compel witnesses to produce books, accounts, records, documents and things or classes of books, accounts, records, documents and things as the court has for the trial of civil actions.

380(2)On the application of an investigator to the court, the failure or refusal of a person to attend, to take an oath, to answer questions or to produce books, accounts, records, documents and things or classes of books, accounts, 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.

380(3)A person giving evidence at an investigation conducted under this section may be represented by legal counsel.

380(4)Testimony given by a person under this section shall not be admitted into evidence against that person in any prosecution other than for perjury in the giving of that testimony or the giving of evidence contradictory to that testimony.

382(1)On request to the investigator by the person who, at the time of the seizure, was in lawful possession of books, accounts, records, documents or things seized under this Part, the books, accounts, records, documents or things seized shall, at a time and place mutually convenient to the person who was in lawful possession of them at the time of the seizure and the investigator, be made available for consultation and copying by the person.

382(2)If books, accounts, records, documents or things are seized under this Part and the matter for which the books, accounts, records, documents or things were seized is concluded, the investigator shall return those books, accounts, records, documents or things to the person who was in lawful possession of them at the time of the seizure within 60 days after the day that the matter is concluded.

382(3)If books, accounts, records, documents or things are seized under this Part and the person who was in lawful possession of the books, accounts, records, documents or things at the time of the seizure alleges that the books, accounts, records, documents or things are not relevant in respect of the matter for which they were seized, that person may apply by notice of motion to the court for the return of the books, accounts, records, documents or things.

382(4)On a motion under subsection (3), the court shall order the return of any books, accounts, records, documents or things that it determines are not relevant to the matter for which they were seized to the person who was in lawful possession of the books, accounts, records, documents or things at the time of the seizure.

383(1)If an investigation has been made under this Part, the investigator shall, at the request of the Financial and Consumer Services Commission, provide a report of the investigation to the Financial and Consumer Services Commission or any transcripts of evidence or any material or other things in the investigator’s possession relating to the investigation.

383(2)A report that is provided to the Financial and Consumer Services Commission under this section is privileged and is inadmissible in evidence in any action or proceeding.

384(1)For the purpose of protecting the integrity of an investigation under this Part, the Financial and Consumer Services Commission may make an order that applies for the duration of the investigation, prohibiting a person from disclosing to any person other than the person’s lawyer the following information:

384(2)An order under subsection (1) does not apply to disclosures authorized by the regulations or by the Superintendent in writing.

384(3)An investigator making an investigation under this Part may make, or authorize the making of, any disclosure of information that may be required for the effectual conduct of the investigation.

384(4)The Lieutenant-Governor in Council may make regulations authorizing disclosures for the purposes of subsection (2).