E-6.1 - Act respecting the regulation of the financial sector

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93. The function of the Tribunal is to make determinations with respect to matters brought under this Act and the Acts listed in Schedule I. Except where otherwise provided by law, the Tribunal shall exercise its jurisdiction to the exclusion of any other tribunal or adjudicative body.
The Tribunal shall exercise its discretion in the public interest.
In reviewing a decision rendered by the Authority under the Securities Act (chapter V-1.1) or the Derivatives Act (chapter I-14.01), the Tribunal may not, when assessing the facts or the law for the purposes of those Acts, substitute its assessment of the public interest for that made by the Authority in making a decision.
In this Title, unless the context indicates otherwise, matters also includes any application, complaint, contestation or motion, as well as any action falling within the jurisdiction of the Tribunal.
2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117; 2008, c. 7, s. 11; 2008, c. 24, s. 192; 2009, c. 58, s. 39; 2011, c. 26, s. 14; 2010, c. 40, Sch. I, s. 79; 2016, c. 7, s. 179; 2018, c. 23, s. 628; 2020, c. 5, s. 37.
93. The function of the Tribunal is to make determinations with respect to matters brought under this Act, the Money-Services Businesses Act (chapter E-12.000001) and the Acts listed in Schedule I. Except where otherwise provided by law, the Tribunal shall exercise its jurisdiction to the exclusion of any other tribunal or adjudicative body.
The Tribunal shall exercise its discretion in the public interest.
In reviewing a decision rendered by the Authority under the Securities Act (chapter V-1.1) or the Derivatives Act (chapter I-14.01), the Tribunal may not, when assessing the facts or the law for the purposes of those Acts, substitute its assessment of the public interest for that made by the Authority in making a decision.
In this Title, unless the context indicates otherwise, matters also includes any application, complaint, contestation or motion, as well as any action falling within the jurisdiction of the Tribunal.
2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117; 2008, c. 7, s. 11; 2008, c. 24, s. 192; 2009, c. 58, s. 39; 2011, c. 26, s. 14; 2010, c. 40, Sch. I, s. 79; 2016, c. 7, s. 179; 2018, c. 23, s. 628.
93. On the request of the Authority or of any interested person, the Tribunal shall exercise the functions and powers assigned to it under this Act, the Act respecting the distribution of financial products and services (chapter D-9.2), the Money-Services Businesses Act (chapter E-12.000001), the Derivatives Act (chapter I-14.01) and the Securities Act (chapter V-1.1).
The Tribunal shall exercise its discretion in the public interest.
The Tribunal may not, when assessing the facts or the law for the purposes of those Acts, substitute its assessment of the public interest for that made by the Authority in making a decision.
2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117; 2008, c. 7, s. 11; 2008, c. 24, s. 192; 2009, c. 58, s. 39; 2011, c. 26, s. 14; 2010, c. 40, Sch. I, s. 79; 2016, c. 7, s. 179.
93. On the request of the Authority or of any interested person, the board shall exercise the functions and powers assigned to it under this Act, the Act respecting the distribution of financial products and services (chapter D-9.2), the Money-Services Businesses Act (chapter E-12.000001), the Derivatives Act (chapter I-14.01) and the Securities Act (chapter V-1.1).
The board shall exercise its discretion in the public interest.
The board may not, when assessing the facts or the law for the purposes of those Acts, substitute its assessment of the public interest for that made by the Authority in making a decision.
2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117; 2008, c. 7, s. 11; 2008, c. 24, s. 192; 2009, c. 58, s. 39; 2011, c. 26, s. 14; 2010, c. 40, Sch. I, s. 79.
93. On the request of the Authority or of any interested person, the board shall exercise the functions and powers assigned to it under this Act, the Act respecting the distribution of financial products and services (chapter D-9.2), the Derivatives Act (chapter I-14.01) and the Securities Act (chapter V-1.1).
The board shall exercise its discretion in the public interest.
The board may not, when assessing the facts or the law for the purposes of those Acts, substitute its assessment of the public interest for that made by the Authority in making a decision.
2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117; 2008, c. 7, s. 11; 2008, c. 24, s. 192; 2009, c. 58, s. 39; 2011, c. 26, s. 14.
93. On the request of the Authority or of any interested person, the board shall exercise the functions and powers assigned to it under this Act, the Act respecting the distribution of financial products and services (chapter D-9.2), the Derivatives Act (chapter I-14.01) and the Securities Act (chapter V-1.1).
The board may not, when assessing the facts or the law for the purposes of those Acts, substitute its assessment of the public interest for that made by the Authority in making a decision.
2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117; 2008, c. 7, s. 11; 2008, c. 24, s. 192; 2009, c. 58, s. 39.
93. On the request of the Authority or of any interested person, the board shall exercise the functions and powers assigned to it under the Derivatives Act (chapter I-14.01) and the Securities Act (chapter V-1.1).
The board may not, when assessing the facts or the law for the purposes of those Acts, substitute its assessment of the public interest for that made by the Authority in making a decision.
2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117; 2008, c. 7, s. 11; 2008, c. 24, s. 192.
93. At the request of the Authority or any interested person, the board shall exercise the powers provided for in the Securities Act (chapter V‐1.1) as concerns:
(1)  the revocation, suspension or imposition of restrictions on the rights granted by registration to a dealer or adviser under section 152 of that Act;
(2)  an order prescribing a course of action concerning a legal person, partnership or entity carrying on securities exchange or clearing activities under section 172 of that Act;
(2.1)  an order under section 233.2 of that Act regarding a take-over bid or issuer bid;
(3)  a freeze order under Title IX of that Act;
(4)  an order under section 262.1 of that Act;
(5)  the refusal of an exemption under section 264 of that Act;
(6)  an order prescribing the cessation of an activity in respect of a transaction in securities under section 265 of that Act, except in the case of failure by a reporting issuer to provide periodic disclosure about its business and internal affairs in accordance with the conditions determined by regulation or failure by an issuer or by another person to provide any other disclosure prescribed by regulation in accordance with the conditions determined by regulation;
(7)  an order directing a person to cease carrying on business as an adviser under section 266 of that Act;
(8)  a prohibition or restrictions of representations in respect of a security determined under section 270 of that Act;
(9)  a reprimand under section 273 of that Act;
(10)  the imposition of an administrative penalty, the repayment of the cost of an investigation or an order prohibiting a person from acting as director or senior executive under sections 273.1 to 273.3 of that Act.
The board shall also exercise the powers of review with respect to decisions referred to in section 322 of that Act.
The board shall not, in appraising the facts or the law for the purposes of the second paragraph, substitute its appraisal of the public interest for the appraisal made by the Authority for the purposes of its decision.
2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117; 2008, c. 7, s. 11.
93. At the request of the Authority or any interested person, the board shall exercise the powers provided for in the Securities Act (chapter V‐1.1) as concerns:
(1)  the revocation, suspension or imposition of restrictions on the rights granted by registration to a dealer or adviser under section 152 of that Act;
(2)  an order prescribing a course of action concerning a legal person, partnership or entity carrying on securities exchange or clearing activities under section 172 of that Act;
(2.1)  an order under section 233.2 of that Act regarding a take-over bid or issuer bid;
(3)  a freeze order under Title IX of that Act;
(4)  the recommendation to the Minister for the appointment of a provisional administrator, the winding-up of a person’s property or of a company under sections 257 and following of that Act;
(5)  the refusal of an exemption under section 264 of that Act;
(6)  an order prescribing the cessation of an activity in respect of a transaction in securities under section 265 of that Act, except in the case of failure by a reporting issuer to provide periodic disclosure about its business and internal affairs in accordance with the conditions determined by regulation or failure by an issuer or by another person to provide any other disclosure prescribed by regulation in accordance with the conditions determined by regulation;
(7)  an order directing a person to cease carrying on business as an adviser under section 266 of that Act;
(8)  a prohibition or restrictions of representations in respect of a security determined under section 270 of that Act;
(9)  a reprimand under section 273 of that Act;
(10)  the imposition of an administrative penalty, the repayment of the cost of an investigation or an order prohibiting a person from acting as director or senior executive under sections 273.1 to 273.3 of that Act.
The board shall also exercise the powers of review with respect to decisions referred to in section 322 of that Act.
The board shall not, in appraising the facts or the law for the purposes of the second paragraph, substitute its appraisal of the public interest for the appraisal made by the Authority for the purposes of its decision.
2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117.
93. At the request of the Authority or any interested person, the board shall exercise the powers provided for in the Securities Act (chapter V‐1.1) as concerns:
(1)  the revocation, suspension or imposition of restrictions on the rights granted by registration to a dealer or adviser under section 152 of that Act;
(2)  an order prescribing a course of action concerning a legal person, partnership or entity carrying on securities trading or clearing activities under section 172 of that Act;
(3)  a freeze order under Title IX of that Act;
(4)  the recommendation to the Minister for the appointment of a provisional administrator, the winding-up of a person’s property or of a company under sections 257 and following of that Act;
(5)  the refusal of an exemption under section 264 of that Act;
(6)  an order prescribing the cessation of an activity in respect of a transaction in securities under section 265 of that Act, except as regards a failure to file financial statements as provided under Division II of Chapter II of Title III of that Act;
(7)  an order directing a person to cease carrying on business as an adviser under section 266 of that Act;
(8)  a prohibition or restrictions of representations in respect of a security determined under section 270 of that Act;
(9)  a reprimand under section 273 of that Act;
(10)  the imposition of an administrative penalty, the repayment of the cost of an investigation or an order prohibiting a person from acting as director or senior executive under sections 273.1 to 273.3 of that Act.
The board shall also exercise the powers of review with respect to decisions referred to in section 322 of that Act.
The board shall not, in appraising the facts or the law for the purposes of the second paragraph, substitute its appraisal of the public interest for the appraisal made by the Authority for the purposes of its decision.
2002, c. 45, s. 93; 2004, c. 37, s. 90.
93. At the request of the Agency or any interested person, the board shall exercise the powers provided for in the Securities Act (chapter V‐1.1) as concerns:
(1)  the revocation, suspension or imposition of restrictions on the rights granted by registration to a dealer or adviser under section 152 of that Act;
(2)  an order prescribing a course of action concerning a legal person, partnership or entity carrying on securities trading or clearing activities under section 172 of that Act;
(3)  a freeze order under Title IX of that Act;
(4)  the recommendation to the Minister for the appointment of a provisional administrator, the winding-up of a person’s property or of a company under sections 257 and following of that Act;
(5)  the refusal of an exemption under section 264 of that Act;
(6)  an order prescribing the cessation of an activity in respect of a transaction in securities under section 265 of that Act, except as regards a failure to file financial statements as provided under Division II of Chapter II of Title III of that Act;
(7)  an order directing a person to cease carrying on business as an adviser under section 266 of that Act;
(8)  a prohibition or restrictions of representations in respect of a security determined under section 270 of that Act;
(9)  a reprimand under section 273 of that Act;
(10)  the imposition of an administrative penalty, the repayment of the cost of an investigation or an order prohibiting a person from acting as director or senior executive under sections 273.1 to 273.3 of that Act.
The board shall also exercise the powers of review with respect to decisions referred to in section 322 of that Act.
The board shall not, in appraising the facts or the law for the purposes of the second paragraph, substitute its appraisal of the public interest for the appraisal made by the Agency for the purposes of its decision.
2002, c. 45, s. 93.