jswizzle3737/ontario_laws_and_regs huggingface dataset:
122.1 (1) If a person or company is convicted of an offence under this Act, the court may, in addition to any penalty, order the convicted person or company to make restitution or pay compensation in relation to the offence to an aggrieved person or company.  2006, c. 33, Sched. Z.5, s. 12. Notice (2) If a court makes an order for restitution or compensation, it shall cause a copy of the order or a notice of the content of the order to be given to the person or company to whom the restitution or compensation is ordered to be paid.  2006, c. 33, Sched. Z.5, s. 12. Filing (3) An order for restitution or compensation may be filed with a local registrar of the Superior Court of Justice and the responsibility for filing shall be on the person or company to whom the restitution or compensation is ordered to be paid.  2006, c. 33, Sched. Z.5, s. 12. Enforcement (4) An order for restitution or compensation filed under subsection (3) may be enforced as if it were an order of the court.  2006, c. 33, Sched. Z.5, s. 12. Postjudgment interest (5) Section 129 of the Courts of Justice Act applies in respect of an order for restitution or compensation filed under subsection (3) and, for that purpose, the date of filing shall be deemed to be the date of the order.  2006, c. 33, Sched. Z.5, s. 12. Limitation (6) A person or company is not entitled to participate in a proceeding in which an order may be made under this section solely on the basis that the person or company has a right of action against a defendant to the proceeding or that the person or company may be entitled to receive an amount under the order.  2006, c. 33, Sched. Z.5, s. 12. Civil remedies protected (7) A civil remedy for an act or omission is not affected by reason only that an order for restitution or compensation under this section has been made in respect of that act or omission.  2006, c. 33, Sched. Z.5, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.5, s. 12 - 20/12/2006 123 Repealed:  1994, c. 11, s. 373. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 373 - 11/07/1994
124 An information in respect of any contravention of this Act may be for one or more offences, and no information, summons, warrant, conviction or other proceeding in any prosecution is objectionable or insufficient by reason of the fact that it relates to two or more offences.  R.S.O. 1990, c. S.5, s. 124.
125 (1) Where a provincial judge, magistrate or justice of another province or territory of Canada issues a warrant for the arrest of any person on a charge of contravening any provision of a statute of such province or territory similar to this Act, any provincial judge or justice of Ontario within whose jurisdiction that person is or is suspected to be, may, upon satisfactory proof of the handwriting of the provincial judge, magistrate or a justice who issued the warrant, make an endorsement thereon in the form prescribed by the regulations, and a warrant so endorsed is sufficient authority to the person bringing the warrant and to all other persons to whom it was originally directed and to all police officers to execute the warrant within that jurisdiction and to take the person arrested thereunder either out of or anywhere in Ontario and to rearrest such person anywhere in Ontario.  R.S.O. 1990, c. S.5, s. 125 (1). Prisoner in transit (2) Any police officer of Ontario or of any other province or territory of Canada who is passing through Ontario and who has in custody a person arrested in another province or territory under a warrant endorsed under subsection (1) is entitled to hold, take and rearrest the accused anywhere in Ontario under such warrant without proof of the warrant or the endorsement thereof.  R.S.O. 1990, c. S.5, s. 125 (2); 1994, c. 11, s. 374. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 374 - 11/07/1994
126.1 (1) A person or company shall not, directly or indirectly, engage or participate in any act, practice or course of conduct relating to securities, derivatives or the underlying interest of a derivative that the person or company knows or reasonably ought to know, (a) results in or contributes to a misleading appearance of trading activity in, or an artificial price for, a security, derivative or underlying interest of a derivative; or (b) perpetrates a fraud on any person or company. 2010, c. 26, Sched. 18, s. 33. Attempts (2) A person or company shall not, directly or indirectly, attempt to engage or participate in any act, practice or course of conduct that is contrary to subsection (1). 2013, c. 2, Sched. 13, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 182 - 31/12/2005 2010, c. 26, Sched. 18, s. 33 - 08/12/2010 2013, c. 2, Sched. 13, s. 3 - 21/06/2013
126.2 (1) A person or company shall not make a statement that the person or company knows or reasonably ought to know, (a) in a material respect and at the time and in the light of the circumstances under which it is made, is misleading or untrue or does not state a fact that is required to be stated or that is necessary to make the statement not misleading; and (b) would reasonably be expected to have a significant effect on the market price or value of a security, derivative or underlying interest of a derivative.  2002, c. 22, s. 182; 2004, c. 31, Sched. 34, s. 4 (1); 2010, c. 26, Sched. 18, s. 34. Same (2) A breach of subsection (1) does not give rise to a statutory right of action for damages otherwise than under Part XXIII or XXIII.1.  2004, c. 31, Sched. 34, s. 4 (2). Section Amendments with date in force (d/m/y) 2002, c. 22, s. 182 - 31/12/2005 2004, c. 31, Sched. 34, s. 4 (1, 2) - 31/12/2005 2010, c. 26, Sched. 18, s. 34 - 08/12/2010
126.3 (1) A person or company shall not, directly or indirectly, engage or participate in the provision of information to another person or company for the purpose of determining a benchmark if the person or company knows or reasonably ought to know that the information, at the time and in the circumstances in which it is provided, is false or misleading. 2018, c. 17, Sched. 38, s. 3. Attempt (2) A person or company shall not, directly or indirectly, attempt to engage or participate in the conduct described in subsection (1). 2018, c. 17, Sched. 38, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 38, s. 3 - 06/12/2018
126.4 (1) A person or company shall not, directly or indirectly, engage or participate in conduct relating to a benchmark that improperly influences the determination of the benchmark or produces or contributes to the production of a false or misleading determination of the benchmark. 2018, c. 17, Sched. 38, s. 3. Attempt (2) A person or company shall not, directly or indirectly, attempt to engage or participate in the conduct described in subsection (1). 2018, c. 17, Sched. 38, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 38, s. 3 - 06/12/2018
129 (1) The Commission may apply to the Superior Court of Justice for an order appointing a receiver, receiver and manager, trustee or liquidator of all or any part of the property of any person or company.  1994, c. 11, s. 375; 2006, c. 19, Sched. C, s. 1 (1). Grounds (2) No order shall be made under subsection (1) unless the court is satisfied that, (a) the appointment of a receiver, receiver and manager, trustee or liquidator of all or any part of the property of the person or company is in the best interests of the creditors of the person or company or of persons or companies any of whose property is in the possession or under the control of the person or company or the security holders of or subscribers to the person or company; or (b) it is appropriate for the due administration of Ontario securities law.  1994, c. 11, s. 375. Application without notice (3) The court may make an order under subsection (1) on an application without notice, but the period of appointment shall not exceed fifteen days.  1994, c. 11, s. 375. Motion to continue order (4) If an order is made without notice under subsection (3), the Commission may make a motion to the court within fifteen days after the date of the order to continue the order or for the issuance of such other order as the court considers appropriate.  1994, c. 11, s. 375. Powers of receiver, etc. (5) A receiver, receiver and manager, trustee or liquidator of the property of a person or company appointed under this section shall be the receiver, receiver and manager, trustee or liquidator of all or any part of the property belonging to the person or company or held by the person or company on behalf of or in trust for any other person or company, and, if so directed by the court, the receiver, receiver and manager, trustee or liquidator has the authority to wind up or manage the business and affairs of the person or company and has all powers necessary or incidental to that authority.  1994, c. 11, s. 375. Directors’ powers cease (6) If an order is made appointing a receiver, receiver and manager, trustee or liquidator of the property of a person or company under this section, the powers of the directors of the company that the receiver, receiver and manager, trustee or liquidator is authorized to exercise may not be exercised by the directors until the receiver, receiver and manager, trustee or liquidator is discharged by the court.  1994, c. 11, s. 375. Fees and expenses (7) The fees charged and expenses incurred by a receiver, receiver and manager, trustee or liquidator appointed under this section in relation to the exercise of powers pursuant to the appointment shall be in the discretion of the court.  1994, c. 11, s. 375. Variation or discharge of order (8) An order made under this section may be varied or discharged by the court on motion.  1994, c. 11, s. 375. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 375 - 11/07/1994 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
129.1 Except where otherwise provided in this Act, no proceeding under this Act shall be commenced later than six years from the date of the occurrence of the last event on which the proceeding is based.  1999, c. 9, s. 217. Section Amendments with date in force (d/m/y) 1999, c. 9, s. 217 - 14/12/1999
129.2 For the purposes of this Act, if a company or a person other than an individual has not complied with Ontario securities law, a director or officer of the company or person who authorized, permitted or acquiesced in the non-compliance shall be deemed to also have not complied with Ontario securities law, whether or not any proceeding has been commenced against the company or person under Ontario securities law or any order has been made against the company or person under section 127.  2002, c. 22, s. 184. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 184 - 07/04/2003 PART XXIII   CIVIL LIABILITY
132 In determining what constitutes reasonable investigation or reasonable grounds for belief for the purposes of sections 130 and 131, the standard of reasonableness shall be that required of a prudent person in the circumstances of the particular case.  R.S.O. 1990, c. S.5, s. 132.
132.1 (1) A person or company is not liable in an action under section 130, 130.1 or 131 for a misrepresentation in forward-looking information if the person or company proves all of the following things: 1. The document containing the forward-looking information contained, proximate to that information, i. reasonable cautionary language identifying the forward-looking information as such, and identifying material factors that could cause actual results to differ materially from a conclusion, forecast or projection in the forward-looking information, and ii. a statement of the material factors or assumptions that were applied in drawing a conclusion or making a forecast or projection set out in the forward-looking information. 2. The person or company had a reasonable basis for drawing the conclusions or making the forecasts and projections set out in the forward-looking information.  2004, c. 31, Sched. 34, s. 9. Exception (2) Subsection (1) does not relieve a person or company of liability respecting forward-looking information in a financial statement or forward-looking information in a document released in connection with an initial public offering.  2004, c. 31, Sched. 34, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 34, s. 9 - 16/12/2004
133 Each of the following has a right of action for rescission or damages against the dealer or offeror who failed to comply with the applicable requirement: 1. A purchaser of a security to whom a prospectus was required to be sent or delivered but was not sent or delivered in compliance with subsection 71 (1). 2. A purchaser of an investment fund security to whom a prescribed disclosure document referred to in subsection 71 (1.1) was required to be sent or delivered but was not sent or delivered in compliance with the regulations. 2.1 A purchaser of a prescribed investment fund security trading on an exchange or an alternative trading system to whom a prescribed disclosure document referred to in subsection 71 (1.3) was required to be sent or delivered but was not sent or delivered in compliance with the regulations. 3. A security holder to whom a take-over bid and take-over bid circular or an issuer bid and an issuer bid circular, or any notice of change or variation to any such bid or circular, were required by the regulations related to Part XX to be sent or delivered but were not sent or delivered in compliance with that Part. 2011, c. 9, Sched. 38, s. 3; 2014, c. 7, Sched. 28, s. 14; 2015, c. 38, Sched. 18, s. 8. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 38, s. 10 - 01/02/2008 2011, c. 9, Sched. 38, s. 3 - 01/09/2013 2014, c. 7, Sched. 28, s. 14 - 10/12/2018 2015, c. 38, Sched. 18, s. 8 - 09/05/2016
136 (1) If, contrary to Ontario securities law, a registered dealer fails to disclose to a person or company with whom it effects a purchase or sale of a security that it intended to act as principal in respect of the purchase or sale, the person or company may rescind the contract effecting the purchase or sale by mailing or delivering written notice of the rescission to the registered dealer within 60 days after the date of delivery of the security to or by the person or company, as the case may be.  2009, c. 18, Sched. 26, s. 19. Disclosure of actual status as principal (2) If, contrary to Ontario securities law, a registered dealer fails to disclose to a person or company that it has acted as principal in respect of a purchase or sale of a security, the person or company may rescind the contract effecting the purchase or sale by mailing or delivering written notice of the rescission to the registered dealer within seven days after the date of the delivery to the person or company of the written confirmation of the contract.  2009, c. 18, Sched. 26, s. 19. Service (3) For the purposes of subsection (2), a confirmation sent by ordinary letter mail is deemed to be delivered to the person or company to whom it was addressed in the ordinary course of mail.  2009, c. 18, Sched. 26, s. 19. Exception (4) Subsections (1) and (2) do not allow the rescission of a contract effecting the purchase of a security by a person or company if the person or company no longer owns the security.  2009, c. 18, Sched. 26, s. 19. Onus (5) In an action respecting a rescission to which subsection (1) or (2) applies, the onus of proving that a registered dealer disclosed that he, she or it acted or intended to act as principal is on the registered dealer.  2009, c. 18, Sched. 26, s. 19. Limitation period (6) No action respecting a rescission shall be commenced under this section after the expiration of a period of 90 days from the date of delivery of the notice under subsection (1) or (2).  2009, c. 18, Sched. 26, s. 19. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 26, s. 19 - 28/09/2009
137 (1) Every purchaser of a security of a mutual fund in Ontario may, where the amount of the purchase does not exceed the sum of $50,000, rescind the purchase by notice given to the registered dealer from whom the purchase was made within forty-eight hours after receipt of the confirmation for a lump sum purchase or within sixty days after receipt of the confirmation for the initial payment under a contractual plan but, subject to subsection (5), the amount the purchaser is entitled to recover on exercise of this right to rescind shall not exceed the net asset value of the securities purchased, at the time the right is exercised.  R.S.O. 1990, c. S.5, s. 137 (1). Idem (2) The right to rescind a purchase made under a contractual plan may be exercised only with respect to payments scheduled to be made within the time specified in subsection (1) for rescinding a purchase made under a contractual plan.  R.S.O. 1990, c. S.5, s. 137 (2). Notice (3) The notice mentioned in subsection (1) shall be in writing, and may be given by prepaid mail, telegram or other means.  R.S.O. 1990, c. S.5, s. 137 (3). Service (4) A confirmation sent by prepaid mail shall be deemed conclusively to have been received in the ordinary course of mail by the person or company to whom it was addressed.  R.S.O. 1990, c. S.5, s. 137 (4). Reimbursement (5) Every registered dealer from whom the purchase was made shall reimburse the purchaser who has exercised the right of rescission in accordance with this section for the amount of sales charges and fees relevant to the investment of the purchaser in the mutual fund in respect of the shares or units of which the notice of exercise of the right of rescission was given.  R.S.O. 1990, c. S.5, s. 137 (5).
138 Unless otherwise provided in this Act, no action shall be commenced to enforce a right created by this Part more than, (a) in the case of an action for rescission, 180 days after the date of the transaction that gave rise to the cause of action; or (b) in the case of any action, other than an action for rescission, the earlier of, (i) 180 days after the plaintiff first had knowledge of the facts giving rise to the cause of action, or (ii) three years after the date of the transaction that gave rise to the cause of action.  R.S.O. 1990, c. S.5, s. 138. PART XXIII.1   CIVIL LIABILITY FOR SECONDARY MARKET DISCLOSURE Interpretation and Application
138.2 This Part does not apply to, (a) the purchase of a security offered by a prospectus during the period of distribution; (b) the acquisition of an issuer’s security pursuant to a distribution that is exempt from section 53 or 62, except as may be prescribed by regulation; (c) the acquisition or disposition of an issuer’s security in connection with or pursuant to a take-over bid or issuer bid, except as may be prescribed by regulation; or (d) such other transactions or class of transactions as may be prescribed by regulation.  2002, c. 22, s. 185; 2004, c. 31, Sched. 34, s. 11. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 11 - 31/12/2005 Liability Liability for secondary market disclosure
138.6 (1) In an action under section 138.3, the court shall determine, in respect of each defendant found liable in the action, the defendant’s responsibility for the damages assessed in favour of all plaintiffs in the action, and each such defendant shall be liable, subject to the limits set out in subsection 138.7 (1), to the plaintiffs for only that portion of the aggregate amount of damages assessed in favour of the plaintiffs that corresponds to that defendant’s responsibility for the damages.  2002, c. 22, s. 185; 2004, c. 31, Sched. 34, s. 15 (1). Same (2) Despite subsection (1), where, in an action under section 138.3 in respect of a misrepresentation or a failure to make timely disclosure, a court determines that a particular defendant, other than the responsible issuer, authorized, permitted or acquiesced in the making of the misrepresentation or the failure to make timely disclosure while knowing it to be a misrepresentation or a failure to make timely disclosure, the whole amount of the damages assessed in the action may be recovered from that defendant.  2002, c. 22, s. 185; 2004, c. 31, Sched. 34, s. 15 (2). Same (3) Each defendant in respect of whom the court has made a determination under subsection (2) is jointly and severally liable with each other defendant in respect of whom the court has made a determination under subsection (2).  2002, c. 22, s. 185. Same (4) Any defendant against whom recovery is obtained under subsection (2) is entitled to claim contribution from any other defendant who is found liable in the action.  2002, c. 22, s. 185. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 15 (1, 2) - 31/12/2005
138.7 (1) Despite section 138.5, the damages payable by a person or company in an action under section 138.3 is the lesser of, (a) the aggregate damages assessed against the person or company in the action; and (b) the liability limit for the person or company less the aggregate of all damages assessed after appeals, if any, against the person or company in all other actions brought under section 138.3, and under comparable legislation in other provinces or territories in Canada in respect of that misrepresentation or failure to make timely disclosure, and less any amount paid in settlement of any such actions.  2002, c. 22, s. 185; 2004, c. 31, Sched. 34, s. 16. Same (2) Subsection (1) does not apply to a person or company, other than the responsible issuer, if the plaintiff proves that the person or company authorized, permitted or acquiesced in the making of the misrepresentation or the failure to make timely disclosure while knowing that it was a misrepresentation or a failure to make timely disclosure, or influenced the making of the misrepresentation or the failure to make timely disclosure while knowing that it was a misrepresentation or a failure to make timely disclosure.  2002, c. 22, s. 185. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 16 - 31/12/2005 Procedural Matters
138.8 (1) No action may be commenced under section 138.3 without leave of the court granted upon motion with notice to each defendant.  The court shall grant leave only where it is satisfied that, (a) the action is being brought in good faith; and (b) there is a reasonable possibility that the action will be resolved at trial in favour of the plaintiff.  2002, c. 22, s. 185; 2004, c. 31, Sched. 34, s. 17. Same (2) Upon an application under this section, the plaintiff and each defendant shall serve and file one or more affidavits setting forth the material facts upon which each intends to rely.  2002, c. 22, s. 185. Same (3) The maker of such an affidavit may be examined on it in accordance with the rules of court.  2002, c. 22, s. 185. Copies to be sent to the Commission (4) A copy of the application for leave to proceed and any affidavits and factums filed with the court shall be sent to the Commission when filed.  2009, c. 34, Sched. S, s. 6 (1). Requirement to provide notice (5) The plaintiff shall provide the Commission with notice in writing of the date on which the application for leave is scheduled to proceed, at the same time such notice is given to each defendant.  2009, c. 34, Sched. S, s. 6 (2). Same, appeal of leave decision (6) If any party appeals the decision of the court with respect to whether leave to commence an action under section 138.3 is granted, (a) each party to the appeal shall provide a copy of its factum to the Commission when it is filed; and (b) the appellant shall provide the Commission with notice in writing of the date on which the appeal is scheduled to be heard, at the same time such notice is given to each respondent.  2009, c. 34, Sched. S, s. 6 (2); 2010, c. 1, Sched. 26, s. 7. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 17 - 31/12/2005 2009, c. 34, Sched. S, s. 6 (1, 2) - 15/12/2009, 2010, c. 1, Sched. 26, s. 7 - 18/05/2010
138.9 (1) A person or company that has been granted leave to commence an action under section 138.3 shall, (a) promptly issue a news release disclosing that leave has been granted to commence an action under section 138.3; (b) send a written notice to the Commission within seven days, together with a copy of the news release; (c) send a copy of the statement of claim or other originating document to the Commission when filed; and (d) provide the Commission with notice in writing of the date on which the trial of the action is scheduled to proceed, at the same time such notice is given to each defendant.  2002, c. 22, s. 185; 2004, c. 31, Sched. 34, s. 18; 2009, c. 34, Sched. S, s. 7 (1). Appeal (2) If any party to an action under section 138.3 appeals the decision of the court, (a) each party shall provide a copy of its factum to the Commission when it is filed; and (b) the appellant shall provide the Commission with notice in writing of the date on which the appeal is scheduled to be heard, at the same time such notice is given to each respondent.  2009, c. 34, Sched. S, s. 7 (2). Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 18 (1, 2) - 31/12/2005 2009, c. 34, Sched. S, s. 7 (1, 2) - 15/12/2009
138.10 An action under section 138.3 shall not be discontinued, abandoned or settled without the approval of the court given on such terms as the court thinks fit including, without limitation, terms as to costs, and in determining whether to approve the settlement of the action, the court shall consider, among other things, whether there are any other actions outstanding under section 138.3 or under comparable legislation in other provinces or territories in Canada in respect of the same misrepresentation or failure to make timely disclosure.  2004, c. 31, Sched. 34, s. 19. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 19 - 31/12/2005
138.11 Despite the Courts of Justice Act and the Class Proceedings Act, 1992, the prevailing party in an action under section 138.3 is entitled to costs determined by a court in accordance with applicable rules of civil procedure.  2002, c. 22, s. 185; 2004, c. 31, Sched. 34, s. 20. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 20 - 31/12/2005
138.12 The Commission may intervene in an action under section 138.3, in an application for leave to commence the action under section 138.8 and in any appeal from the decision of the court in the action or with respect to whether leave is granted to commence the action.  2009, c. 34, Sched. S, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 21 - 31/12/2005 2009, c. 34, Sched. S, s. 8 - 15/12/2009
138.13 The right of action for damages and the defences to an action under section 138.3 are in addition to, and without derogation from, any other rights or defences the plaintiff or defendant may have in an action brought otherwise than under this Part.  2004, c. 31, Sched. 34, s. 22. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 22 - 31/12/2005
138.14 (1) No action shall be commenced under section 138.3, (a) in the case of misrepresentation in a document, later than the earlier of, (i) three years after the date on which the document containing the misrepresentation was first released, and (ii) six months after the issuance of a news release disclosing that leave has been granted to commence an action under section 138.3 or under comparable legislation in the other provinces or territories in Canada in respect of the same misrepresentation; (b) in the case of a misrepresentation in a public oral statement, later than the earlier of, (i) three years after the date on which the public oral statement containing the misrepresentation was made, and (ii) six months after the issuance of a news release disclosing that leave has been granted to commence an action under section 138.3 or under comparable legislation in another province or territory of Canada in respect of the same misrepresentation; and (c) in the case of a failure to make timely disclosure, later than the earlier of, (i) three years after the date on which the requisite disclosure was required to be made, and (ii) six months after the issuance of a news release disclosing that leave has been granted to commence an action under section 138.3 or under comparable legislation in another province or territory of Canada in respect of the same failure to make timely disclosure.  2002, c. 22, s. 185; 2004, c. 31, Sched. 34, s. 23. Suspension of limitation period (2) A limitation period established by subsection (1) in respect of an action is suspended on the date a notice of motion for leave under section 138.8 is filed with the court and resumes running on the date, (a) the court grants leave or dismisses the motion and, (i) all appeals have been exhausted, or (ii) the time for an appeal has expired without an appeal being filed; or (b) the motion is abandoned or discontinued. 2014, c. 7, Sched. 28, s. 15. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 185 - 31/12/2005 2004, c. 31, Sched. 34, s. 23 (1-4) - 31/12/2005 2014, c. 7, Sched. 28, s. 15 - 24/07/2014 PART XXIV   GENERAL PROVISIONS
139 A statement as to, (a) the registration or non-registration of any person or company; (b) the filing or non-filing of any document or material required or permitted to be filed; (c) any other matter pertaining to such registration, non-registration, filing or non-filing, or to any such person, company, document or material; or (d) the date the facts upon which any proceedings are to be based first came to the knowledge of the Commission, purporting to be certified by the Commission or a member thereof or by the Director is, without proof of the office or signature of the person certifying, admissible in evidence, so far as relevant, for all purposes in any action, proceeding or prosecution.  R.S.O. 1990, c. S.5, s. 139. 139.1 Repealed: 2021, c. 8, Sched. 9, s. 40 (46). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 28, s. 6 - 17/05/2017 2021, c. 8, Sched. 9, s. 40 (46) - 29/04/2022
140 (1) Where Ontario securities law requires that material be filed, the filing shall be effected by depositing the material, or causing it to be deposited, with the Commission and all material so filed shall, subject to subsection (2), be made available by the Commission for public inspection during the normal business hours of the Commission.  R.S.O. 1990, c. S.5, s. 140 (1); 1994, c. 11, s. 376. Idem (2) Despite subsection (1), the Commission may hold material or any class of material required to be filed by Ontario securities law in confidence so long as the Commission is of the opinion that the material so held discloses intimate financial, personal or other information and that the desirability of avoiding disclosure thereof in the interests of any person or company affected outweighs the desirability of adhering to the principle that material filed with the Commission be available to the public for inspection.  R.S.O. 1990, c. S.5, s. 140 (2); 1999, c. 9, s. 219. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 376 - 11/07/1994; 1999, c. 9, s. 219 - 14/12/1999
141 No person or company has any rights or remedies and no proceedings lie or shall be brought against any person or company for, (a) any act or omission of the last-mentioned person or company done or omitted in compliance with Ontario securities law; or (b) any disclosure of information by the last-mentioned person or company to the Commission, to a recognized self-regulatory organization, to a law enforcement agency or to any person or company acting under the authority of the Commission, of the recognized self-regulatory organization or of the law enforcement agency, if the person or company reasonably believed that the information was true and they, (i) reasonably believed that the information was related to an offence or to a contravention of Ontario securities law, or (ii) provided the information as part of a review, investigation, examination or inspection by the Commission or the recognized self-regulatory organization or as part of a review, investigation, examination or inspection in respect of Ontario securities law by the law enforcement agency.
2023, c. 21, Sched. 10, s. 10. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 377 (1, 2) - 11/07/1994 2010, c. 26, Sched. 18, s. 40 - 08/12/2010 2019, c. 7, Sched. 17, s. 159 - 01/07/2019 2021, c. 8, Sched. 9, s. 40 (47) - 29/04/2022 2023, c. 21, Sched. 10, s. 10 - 04/12/2023
143.3 (1) The Commission must deliver to the Minister a copy of every rule made by it together with the following: 1. A copy of the notices published under section 143.2, unless publication of notice was not required, and copies of all documents referred to in the notices. 2. A summary of the representations made and other documents submitted in respect of the rule as proposed. 3. All other material information that was considered by the Commission in connection with the making of the rule.  1994, c. 33, s. 8. Publication (2) The Commission shall publish in its Bulletin every rule made by it as soon after the rule is made as practicable together with the following: 1. The date on which a rule and the material required under subsection (1) were delivered to the Minister. 2. The date the rule is to come into force if an action is not taken by the Minister under subsection (3). 3. A statement of the substance and purpose of the rule. 4. A summary of the written comments received during the comment periods if notice and comment were required. 5. A statement of the Commission setting out its response to the significant issues and concerns brought to the attention of the Commission during the comment periods.  1994, c. 33, s. 8. Action by Minister (3) Within 60 days after a rule is delivered to the Minister, the Minister may, (a) approve the rule; (b) reject the rule; or (c) return it to the Commission for further consideration.  1994, c. 33, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 33, s. 8 - 01/01/1995
143.4 (1) A rule that is approved by the Minister comes into force 15 days after it is approved unless there is a later day specified in the rule in which case it comes into force on that later day.  1994, c. 33, s. 8. Same (2) If the Minister does not approve a rule, reject it or return it to the Commission for further consideration and a coming into force day, (a) that is at least 75 days after the rule is delivered to the Minister is specified in the rule, the rule comes into force on the specified day; (b) is not specified in the rule, the rule comes into force on the 75th day after the rule is delivered to the Minister; or (c) that is within 75 days after the rule is delivered to the Minister is specified in the rule, the rule comes into force on the 75th day after the rule is delivered to the Minister.  1994, c. 33, s. 8. Same (3) A rule that is returned to the Commission for further consideration cannot come into force until it is returned by the Commission to the Minister at which time this section applies as if the rule were delivered for the first time.  1994, c. 33, s. 8. Same (4) A rule that is rejected by the Minister does not come into force.  1994, c. 33, s. 8. Same (5) A rule to which clause 143.2 (5) (d) (urgency provision) applies that is approved by the Minister comes into force on the day it is published in the Commission’s Bulletin.  1994, c. 33, s. 8. Revocation by operation of law (6) Every rule to which clause 143.2 (5) (d) applies is revoked on the 275th day after it comes into force.  1994, c. 33, s. 8. Publication (7) The Commission shall publish every rule that comes into force in The Ontario Gazette and in its Bulletin.  1994, c. 33, s. 8. Deemed notice (8) Every person or company affected by a rule shall be deemed to have notice of it when it is published in the Commission’s Bulletin.  1994, c. 33, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 33, s. 8 - 01/01/1995
143.5 (1) If the Minister returns a rule to the Commission for further consideration, the Minister may specify what is to be considered, the conditions that apply and the process to be followed.  1994, c. 33, s. 8. Same (2) Subject to any instruction that the Commission receives under subsection (1), the Commission shall consider any rule returned to it in the manner and following the process that it feels is appropriate.  1994, c. 33, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 33, s. 8 - 01/01/1995
143.6 The Commission shall publish in its Bulletin notice of, (a) any action taken by the Minister under subsection 143.3 (3) in respect of every rule that the Commission has delivered to the Minister; and (b) any matters specified by the Minister under subsection 143.5 (1) to be considered.  1994, c. 33, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 33, s. 8 - 01/01/1995
143.7 (1) The Minister may in writing require the Commission, (a) to study and make recommendations in respect of any matter of a general nature under or affecting this Act, the regulations or the rules; and (b) to consider making a rule in respect of a matter specified by the Minister.  1994, c. 33, s. 8. Publication (2) The Commission shall publish in its Bulletin notice of every requirement from the Minister made under subsection (1).  1994, c. 33, s. 8. Notice (3) The notice must include the following: 1. A statement of the substance of the requirement. 2. A reference to every unpublished study, report or other written materials provided to the Commission by the Minister other than materials that the Minister has asked the Commission to treat as confidential.  1994, c. 33, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 33, s. 8 - 01/01/1995
143.11 (1) The Commission shall not make any orders or rulings of general application. 2019, c. 15, Sched. 34, s. 4. Class order exemptions (2) Despite subsection (1), if the Commission considers that it would not be prejudicial to the public interest to do so, the Commission may, on application by an interested person or company or on its own initiative, make an order exempting a class of persons or companies, trades, intended trades, securities or derivatives from any requirement of Ontario securities law on such terms or conditions as may be set out in the order. 2019, c. 15, Sched. 34, s. 4. Duration of class order exemption (3) If an order is made under subsection (2), (a) the order has no effect as of 18 months after the day on which it comes into force unless extended under clause (b); and (b) the Commission may make a rule in accordance with sections 143.3 to 143.6 extending the order for a further period of up to 18 months. 2019, c. 15, Sched. 34, s. 4. Public notice (4) On or before the day on which an order described in subsection (2) is effective, the Commission shall publish a notice in its Bulletin that includes a description of the order, the reasons for it and the day on which it ceases to have effect. 2019, c. 15, Sched. 34, s. 4. Legislation Act, 2006, Part III (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (2). 2019, c. 15, Sched. 34, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 33, s. 8 - 01/01/1995 2019, c. 15, Sched. 34, s. 4 - 10/12/2019 143.12 Repealed: 2021, c. 40, Sched. 19, s. 10. Section Amendments with date in force (d/m/y) 1994, c. 33, s. 8 - 01/01/1995 2004, c. 31, Sched. 34, s. 26 - 16/12/2004 2021, c. 40, Sched. 19, s. 10 - 29/04/2022 143.13 Repealed: 2021, c. 8, Sched. 9, s. 40 (50). Section Amendments with date in force (d/m/y) 1994, c. 33, s. 8 - 01/01/1995 2021, c. 8, Sched. 9, s. 40 (50) - 29/04/2022
143.14 The Commission shall be deemed to have complied with a requirement under Ontario securities law to publish or otherwise make available a notice, rule or other information if the Commission provides the notice, rule or information in electronic form through an electronic medium or posts it on its website.  2002, c. 18, Sched. H, s. 13. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 13 - 26/11/2002
144 (1) The Commission may make an order revoking or varying a decision of the Commission, on the application of the Chief Executive Officer of the Commission or a person or company affected by the decision, if in the Commission’s opinion the order would not be prejudicial to the public interest.  1994, c. 11, s. 380; 2021, c. 8, Sched. 9, s. 40 (51). Terms and conditions (2) The order may be made on such terms and conditions as the Commission may impose.  1994, c. 11, s. 380. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 380 - 11/07/1994 2021, c. 8, Sched. 9, s. 40 (51) - 29/04/2022
144.1 (1) The Tribunal may make an order revoking or varying a decision of the Tribunal, on the application of the Chief Executive Officer of the Commission or a person or company affected by the decision, if in the Tribunal’s opinion the order would not be prejudicial to the public interest. 2021, c. 8, Sched. 9, s. 40 (52). Terms and conditions (2) The order may be made on such terms and conditions as the Tribunal may impose. 2021, c. 8, Sched. 9, s. 40 (52). Section Amendments with date in force (d/m/y) 2021, c. 8, Sched. 9, s. 40 (52) - 29/04/2022
145 Every registration made and receipt for a prospectus issued under The Securities Act, being chapter 426 of the Revised Statutes of Ontario, 1970 and in effect immediately before the 15th day of September, 1979, continues in the same manner as if made or issued under this Act.  R.S.O. 1990, c. S.5, s. 145.
146 (1) Despite subsection 33 (4) of the Evidence Act, the Commission may by order compel a bank or officer of a bank, in an investigation, financial examination or hearing under Ontario securities law to which the bank is not a party, to produce any book or record the contents of which can be proved under section 33 of the Evidence Act or to appear as a witness to prove the matters, transactions and accounts contained in the book or record.  1994, c. 11, s. 381. Definitions (2) In subsection (1), “bank” and “officer of a bank” have the same meanings as in subsection 33 (4) of the Evidence Act.  1994, c. 11, s. 381. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 381 - 11/07/1994
147 Except where exemption applications are otherwise provided for in Ontario securities law, the Commission may, on the application of an interested person or company and if in the Commission’s opinion it would not be prejudicial to the public interest, make an order on such terms and conditions as it may impose exempting the person or company from any requirement of Ontario securities law.  1994, c. 11, s. 381. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 381 - 11/07/1994 148 Repealed:  1997, c. 10, s. 40. Section Amendments with date in force (d/m/y) 1997, c. 10, s. 40 - 01/11/1997
149 Nothing shall preclude a court from ordering costs payable to the Commission and in the event that costs are awarded to the Commission, a counsel fee may be awarded despite the fact that the Commission was represented by Commission staff.  1994, c. 11, s. 381. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 381 - 11/07/1994
150 Nothing in this Act shall be construed as limiting the Commission’s or the Tribunal’s ability to make a decision under more than one provision of Ontario securities law in respect of the same conduct or matter.  1994, c. 11, s. 381; 2021, c. 8, Sched. 9, s. 40 (53). Section Amendments with date in force (d/m/y) 1994, c. 11, s. 381 - 11/07/1994 2021, c. 8, Sched. 9, s. 40 (53) - 29/04/2022
151 (1) On filing with the Superior Court of Justice, a decision made by the Commission, by the Tribunal, by the Chief Executive Officer of the Commission or by another Director in accordance with a delegation under subsection 3 (1), or by the Canadian Investment Regulatory Organization after it conducts a hearing shall be deemed to be an order of the Superior Court of Justice and is enforceable as an order of that court.  1994, c. 11, s. 381; 2006, c. 19, Sched. C, s. 1 (1); 2017, c. 8, Sched. 28, s. 8 (1); 2021, c. 8, Sched. 9, s. 40 (54); 2023, c. 21, Sched. 10, s. 12 (1). Filing decision (2) A decision of a Director may not be filed with the court under subsection (1) until the time permitted for an application to review the Director’s decision pursuant to subsection 8 (2) has expired or, if the decision has been appealed, the Tribunal has confirmed it.  1994, c. 11, s. 381; 2021, c. 8, Sched. 9, s. 40 (55). Same (3) A decision made by the Canadian Investment Regulatory Organization may not be filed with the court under subsection (1) until the time for an application to review the decision pursuant to subsection 8 (2) has expired. 2017, c. 8, Sched. 28, s. 8 (2); 2023, c. 21, Sched. 10, s. 12 (2). Section Amendments with date in force (d/m/y) 1994, c. 11, s. 381 - 11/07/1994 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2017, c. 8, Sched. 28, s. 8 (1, 2) - 17/05/2017 2021, c. 8, Sched. 9, s. 40 (54, 55) - 29/04/2022 2023, c. 21, Sched. 10, s. 12 (1, 2) - 04/12/2023
152 (1) The Commission may apply to the Superior Court of Justice for an order, (a) appointing a person to take the evidence of a witness outside of Ontario for use in a proceeding before the Tribunal; and (b) providing for the issuance of a letter of request directed to the judicial authorities of the jurisdiction in which the witness is to be found, requesting the issuance of such process as is necessary to compel the person to attend before the person appointed under clause (a) to give testimony on oath or otherwise and to produce documents and things relevant to the subject matter of the proceeding.  1994, c. 11, s. 381; 2006, c. 19, Sched. C, s. 1 (1); 2021, c. 8, Sched. 9, s. 40 (56). Practice and procedure (2) The practice and procedure in connection with an appointment under this section, the taking of evidence and the certifying and return of the appointment shall, as far as possible, be the same as those that govern similar matters in civil proceedings in the Superior Court of Justice.  1994, c. 11, s. 381; 2006, c. 19, Sched. C, s. 1 (1). Admissibility of evidence (3) The making of an order under subsection (1) does not determine whether evidence obtained pursuant to the order is admissible in the proceeding before the Tribunal.  1994, c. 11, s. 381; 2021, c. 8, Sched. 9, s. 40 (57). Reciprocal assistance (4) If it is made to appear to the Superior Court of Justice that a court or tribunal of competent jurisdiction outside of Ontario has, on behalf of a securities commission or other body empowered by statute to administer or regulate trading in securities or derivatives, duly authorized, by commission, order or other process, the obtaining of the testimony of a witness outside the jurisdiction of the securities commission or other body and within Ontario for use at a proceeding before the securities commission or other body, the Superior Court of Justice may order the examination of the witness before the person appointed in the manner and form directed by the commission, order or other process, and may, by the same or by subsequent order, command the attendance of the witness for the purpose of being examined, or the production of a writing or other document or thing mentioned in the order, and may give all such directions as to the time and place of the examination and all other matters connected with the examination as seem proper.  1994, c. 11, s. 381; 2006, c. 19, Sched. C, s. 1 (1); 2010, c. 26, Sched. 18, s. 44. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 381 - 11/07/1994 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2010, c. 26, Sched. 18, s. 44 - 08/12/2010 2021, c. 8, Sched. 9, s. 40 (56, 57) - 29/04/2022