15-902F - Demand for Production under Section 144 [BCF - Rescinded]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| Rescinded Date: | 2012-09-17 |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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This is the form required under section 10(2) of the Securities Regulation for a demand for production of records and things and classes of records and things under section 144 of the Securities Act.
BC FORM 15-902F
Securities Act
In the Matter of the Securities Act, R.S.B.C. 1996, c. 418
And
In the Matter of [Name]
Demand for Production under Section 144
To: [Name]
[Address]
TAKE NOTICE that I have been appointed by order of the British Columbia Securities Commission dated *, 200* to make an investigation in the matter noted above. In connection with this investigation, you are required to produce to me, by * a.m., *, 200*, records and things and classes of records and things that are in your custody or possession relating to the matter noted above, including:
[list records and things and classes of records and things]
DATED at Vancouver, British Columbia, on *, 200*.
______________________________
[Investigator's name]
[Title]
Attached to this Demand 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).
Power of an investigator
143(1) An investigator appointed under section 142 or 147 may, with respect to the person who is the subject of the investigation, investigate, inquire into, inspect and examine
(a) the affairs of that person,
(b) any records, negotiations, transactions, investigations, investments, loans, borrowings and payments to, by, on behalf of, in relation to or connected with that person,
(c) any property, assets or things owned, acquired or disposed of in whole or in part by that person or by a person acting on behalf of or as agent for that person,
(d) the assets at any time held by, the liabilities, debts, undertakings and obligations at any time existing and the financial or other conditions at any time prevailing in respect of that person, and
(e) the relationship that may at any time exist or have existed between that person and any other person by reason of
(i) investments made,
(ii) commissions promised, secured or paid,
(iii) interests held or acquired,
(iv) the lending or borrowing of money, securities or other property,
(v) the transfer, negotiation or holding of securities or exchange contracts,
(vi) interlocking directorates,
(vii) common control,
(viii) undue influence or control, or
(ix) any other relationship.
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.
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.