| 83.2(1) |
For the purpose of enabling |
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(a) |
a person to conduct an investigation under section 38, or |
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(b) |
the executive director to determine whether a person has
contravened a provision of this Act, the regulations, the
bylaws or the rules referred to in section 83, |
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the executive director may, subject to subsection (4), by an order
that is applicable to one or more persons, require a person to do the
things set out in subsection (3) within the time prescribed in the
order. |
| (2) |
The executive director must serve a copy of an order made
under subsection (1) on |
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(a) |
the person or persons to whom the order is directed, and |
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(b) |
the person under investigation who is named in the order. |
| (3) |
An order under subsection (1) may require the person to whom
the order is directed |
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(a) |
to produce for inspection by a person conducting an
investigation or the executive director the books,
documents, records and other things in the person’s
possession or under that person’s control, as set out in the
order, and |
| |
(b) |
to answer any questions asked by the person conducting
the investigation or the executive director. |
| (4) |
The executive director may make an order for the purposes of
subsection (1)(b) only if the executive director has information that
the requested books, documents, records and other things relate to a
possible contravention of this Act, the regulations, the bylaws or
the rules. |
| (5) |
A person conducting an investigation or the executive director
may |
| |
(a) |
copy by electronic or other means, and keep copies of,
anything produced under subsection (3)(a), and |
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(b) |
record by audio or video or by other means any answers
provided under subsection (3)(b). |
| (6) |
A person who is required under subsection (3)(b) to answer
questions shall not be excused from answering any question on the
ground that the answer might tend to |
| |
(a) |
incriminate the person, |
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(b) |
subject that person to punishment under this Act, or |
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(c) |
establish that person’s liability to a civil proceeding at the
instance of the Crown or of any other person, or to
prosecution under any Act, |
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but if the answer so given tends to incriminate that person, subject
the person to punishment or establish the person’s liability, it may
not be used or received against the person in any civil proceedings,
in a prosecution of an offence under this Act or in any proceedings
under any other Act, except in a prosecution for or proceedings in
respect of a contravention of this section. |
| (7) |
A person shall not withhold, destroy, conceal or refuse to
produce any books, documents, records or other things requested in
an order under subsection (1). |
| (8) |
The executive director may in an order under subsection (1)
request verification by affidavit that the person has produced to the
person conducting the investigation or the executive director all of
the books, documents, records and other things required pursuant to
the order. |
| (9) |
The following persons may, within 30 days after receipt of the
order under subsection (1), apply to the Court for an order varying
or cancelling an order under subsection (1): |
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(a) |
a person to whom the order is directed; |
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(b) |
a person under investigation who is named in the order; |
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(c) |
a person other than one referred to in clause (a) or (b) who
is otherwise affected by the order. |
| (10) |
On an application under subsection (9), the Court may vary or
cancel an order on any terms or conditions the Court considers just
if the Court finds that |
| |
(a) |
all or a part of the order is not reasonable, or |
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(b) |
one or more affected persons are unduly prejudiced by the
order. |
| (11) |
Nothing in this section shall be interpreted so as to affect the
privilege that exists between a solicitor and the solicitor’s client. |
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