Real Estate Act

Part 6 - General

Section 83.2 - Production Order
83.2(1)

For the purpose of enabling

  (a) a person to conduct an investigation under section 38, or
  (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,
  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
  (a) the person or persons to whom the order is directed, and
  (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
  (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
  (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,
  (b) subject that person to punishment under this Act, or
  (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,
  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):
  (a) a person to whom the order is directed;
  (b) a person under investigation who is named in the order;
  (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
  (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.
 

2007 c39 s47

 

Continue with Part 6 Section 83.3 - Persons to Conduct Investigations

Back to Table of Contents - Real Estate Act

 

home