Form 1 - Summons to attend before an investigator under section 128 of the Act [F - Rescinded]
| Published Date: | 1997-06-27 |
|---|---|
| Effective Date: | 1997-06-25 |
| Rescinded Date: | 2000-06-30 |
This is the form required under section 10 (1) of the Securities Regulation for a summons to a person to attend before an investigator under sections 144 of the Securities Act.
FORM 1
Securities Act
In the Matter of the Securities Act
R.S.B.C. 1996, c. 418
and
In the Matter of
SUMMONS TO ATTEND BEFORE AN INVESTIGATOR UNDER SECTION 144
TO: [NAME]
[ADDRESS]
TAKE NOTICE that I have been appointed by order of the [British Columbia Securities Commission/ Minister of Finance and Corporate Relations] dated the __________ day of __________, l9__ to make an investigation in the matter noted above. In connection with that investigation you are required to attend before me to give evidence on oath at the time, date and place set out below. You are also required to bring with you all records and things in your possession or power relating to _______________________________________ [including:].
TIME:
DATE:
PLACE:
DATED AT Vancouver, British Columbia this __________ day of _______________ 19___ .
_______________________________________________
Investigator
Please note the provisions of the Securities Act attached hereto.
________________________________________________________________________________
Investigation order by commission
142 (1) The commission may, by order, appoint a person to make an investigation the commission considers expedient
(a) for the administration of this Act,
(b) to assist in the administration of the securities laws of another jurisdiction,
(c) in respect of matters relating to trading in securities in the Province, or
(d) in respect of matters in the Province relating to trading in securities in another jurisdiction.
(2) In its order, the commission must specify the scope of an investigation to be carried out under subsection (1).
Investigator's power at hearing
144 (1) An investigator appointed under section 142 or 147 has the same power
(a) to summon and enforce the attendance of witnesses,
(b) to compel witnesses to give evidence on oath or in any other manner, and
(c) to compel witnesses to produce records and things and classes of records and things
as the Supreme Court has for the trial of civil actions.
(2) The failure or refusal of a witness
(a) to attend,
(b) to take an oath,
(c) to answer questions, or
(d) to produce the records and things or classes of records and things in the custody, possession or control of the witness
makes the witness, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
(3) Section 34 of the Evidence Act does not exempt any financial institution, as defined in that section of the Act, or any officer or employee of the institution from the operation of this section.
(4) A witness giving evidence at an investigation conducted under section 142 or 147 may be represented by counsel.
Investigation order by minister
147 (1) The minister may, by order, appoint a person to make an investigation the minister considers expedient
(a) for the administration of this Act,
(b) to assist in the administration of the securities or exchange contracts laws of another jurisdiction,
(c) in respect of matters relating to trading in securities or exchange contracts in the British Columbia, or
(d) in respect of matters in the British Columbia relating to trading in securities or exchange contracts in another jurisdiction.
(2) In the order, the minister must specify the scope of an investigation to be carried out under subsection (1).
Evidence not to be disclosed
148 (1) Without the consent of the commission, a person must not disclose, except to the person's counsel, any information or evidence obtained or the name of any witness examined or sought to be examined under section 143, 144 or 145.
(2) Subsection (1) applies despite any provision of the Freedom of Information and Protection of Privacy Act other than section 44 (2) and (3) of that Act.
(3) Subsection (2) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.