15-901F - Summons to Attend Before an Investigator Under Section 144 [BCF - Rescinded]
| Published Date: | 2001-03-16 |
|---|---|
| Effective Date: | 2001-03-15 |
| Rescinded Date: | 2012-09-17 |
| Document(s): |
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BC FORM 15-901F
Securities Act
In the Matter of the Securities Act, R.S.B.C. 1996, c. 418
and
In the Matter of [Name]
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 dated the _____________ day of _________________, 20 _____ to make an investigation in the matter noted above. In connection with that investigation you are required to attend before an investigator appointed under section 142 of the Act 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 ________________ 20 ____.
__________________________________________
[Investigator]
Attached to this Summons is a copy of the relevant provisions of the Securities Act.
Extracts from the
Securities Act, R.S.B.C. 1996, c. 418
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 or exchange contracts laws of another jurisdiction,
(c) in respect of matters relating to trading in securities or exchange contracts in British Columbia, or
(d) in respect of matters in British Columbia relating to trading in securities or exchange contracts 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 that 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 British Columbia, or
(d) in respect of matters in 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 sought to be 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.
NOTE: You are entitled to be paid the same personal allowances for your attendance at the investigation as are paid for the attendance of a witness summoned to attend before the Supreme Court.