36 (1) This section applies in any of the following circumstances: 1. The Chief Executive Officer has notified, or is about to notify, a person or entity (the “designated person”) under subsection 21 (2) that the Chief Executive Officer proposes to suspend or revoke the designated person’s licence without his, her or its consent. 2. The Chief Executive Officer has made or is about to make an interim order under subsection 18 (3) or 19 (3) suspending the designated person’s licence. 3. The Chief Executive Officer has notified, or is about to notify, the designated person under subsection 35 (3) that the Chief Executive Officer proposes to make an order concerning him, her or it. 4. The Chief Executive Officer has made or is about to make an interim order under subsection 35 (7) concerning the designated person. 5. The Chief Executive Officer believes that proceedings for an offence under this Act have been or are about to be instituted against the designated person, against a director or partner of the designated person, against an officer or employee of the designated person or, if the designated person is an entity other than a person or partnership, against a person who is a member of the directing body of the entity. 6. The Chief Executive Officer believes that proceedings in relation to a contravention of the law of any jurisdiction have been or are about to be instituted against the designated person, against a director or partner of the designated person, against an officer or employee of the designated person or, if the designated person is an entity other than a person or partnership, against a person who is a member of the directing body of the entity, but only if the proceedings are instituted in connection with or arising out of activities for which a licence under this Act is required.  2006, c. 29, s. 36 (1); 2018, c. 8, Sched. 17, s. 2. Orders (2) The Chief Executive Officer may, without notice, make any order under this section with respect to the designated person if the Chief Executive Officer believes it to be in the public interest to do so.  2006, c. 29, s. 36 (2); 2018, c. 8, Sched. 17, s. 2. Order to third party (3) The Chief Executive Officer may order a person or entity who holds assets or trust funds on deposit or controls them for or on behalf of the designated person to hold them.  2006, c. 29, s. 36 (3); 2018, c. 8, Sched. 17, s. 2. Order to refrain from withdrawing assets, etc. (4) The Chief Executive Officer may order the designated person to refrain from withdrawing assets or trust funds from another person or entity who has them on deposit or controls them.  2006, c. 29, s. 36 (4); 2018, c. 8, Sched. 17, s. 2. Order to have assets, etc., in trust (5) The Chief Executive Officer may order the designated person to hold assets or trust funds of another person or entity in trust for the person or entity entitled to them.  2006, c. 29, s. 36 (5); 2018, c. 8, Sched. 17, s. 2. Effect (6) An order takes effect immediately and may be made subject to such conditions as the Chief Executive Officer considers appropriate.  2006, c. 29, s. 36 (6); 2018, c. 8, Sched. 17, s. 2. Release of assets (7) The Chief Executive Officer may consent to the release of any particular asset or trust fund from the order or may wholly revoke the order.  2006, c. 29, s. 36 (7); 2018, c. 8, Sched. 17, s. 2. Effect of giving security (8) The Chief Executive Officer shall not make an order under subsection (3), (4) or (5) if the designated person gives the Chief Executive Officer security in any of the following forms and in the amount and manner required by the Chief Executive Officer: 1. A personal bond accompanied by collateral security. 2. A bond of an insurer who is licensed under the Insurance Act to write surety and fidelity insurance. 3. A bond of a guarantor accompanied by collateral security. 4. Another form of security acceptable to the Chief Executive Officer.  2006, c. 29, s. 36 (8); 2018, c. 8, Sched. 17, s. 2. Same (9) If an order is made under subsection (3), (4) or (5) before the designated person gives the Chief Executive Officer the security described in subsection (8), the Chief Executive Officer shall revoke the order.  2006, c. 29, s. 36 (9); 2018, c. 8, Sched. 17, s. 2. Notice in land registry office (10) The Chief Executive Officer may register in the appropriate land registry office a notice that an order has been made under subsection (3), (4) or (5) and that the order may affect land belonging to the person referred to in the notice; this notice has the same effect as the registration of a certificate of pending litigation, except that the Chief Executive Officer may in writing revoke or modify the notice.  2006, c. 29, s. 36 (10); 2018, c. 8, Sched. 17, s. 2. Application to court (11) A person or entity in receipt of an order under this section may apply to the Superior Court of Justice if the person or entity is in doubt about whether the order applies to a particular asset or trust fund.  2006, c. 29, s. 36 (11). Same (12) A person or entity who claims an interest in an asset or a trust fund that is subject to an order made under subsection (3), (4) or (5) may apply to the Superior Court of Justice for a decision concerning the disposition of the asset or trust fund.  2006, c. 29, s. 36 (12). Same, by Chief Executive Officer (13) The Chief Executive Officer may apply to the Superior Court of Justice for directions or an order relating to the disposition of assets, trust funds or land affected by an order under this section or a notice filed under subsection (10), and the application may be made without notice to any other person or entity.  2006, c. 29, s. 36 (13); 2018, c. 8, Sched. 17, s. 2. Court order (14) On an application under subsection (11), (12) or (13), the court may make any order the court considers appropriate in the circumstances.  2006, c. 29, s. 36 (14). Application to Tribunal (15) A designated person in respect of whom the Chief Executive Officer has made an order under this section may apply to the Tribunal for cancellation of the order in whole or in part and the Tribunal may, by order, do so after a hearing if the Tribunal is satisfied that the order or the part of the order is not required in the public interest.  2006, c. 29, s. 36 (15); 2018, c. 8, Sched. 17, s. 2. Same (16) A person or entity who has an interest in land affected by a notice filed under subsection (10) may apply to the Tribunal to discharge the registration of the notice in whole or in part and the Tribunal may, by order, do so after a hearing if the Tribunal is satisfied that registration of the notice or the part of the notice is not required to protect other persons or entities having an interest in the land.  2006, c. 29, s. 36 (16). Appeal (17) A party to a proceeding before the Tribunal under subsection (15) or (16) may appeal the order of the Tribunal to the Divisional Court.  2006, c. 29, s. 36 (17). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 17, s. 2 - 08/06/2019