Document ID: chunk:federal_register_of_legislation:C2025C00182:section:192
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 192
Character Range: 532995–535179

192  Power to summon witnesses and take evidence
 (1) A member may, by written summons in the prescribed form given to a person:
 (a) require the person to appear before the Takeovers Panel at Takeovers Panel proceedings to give evidence, to produce specified documents, or to do both; and
 (b) require the person to attend from day to day unless excused, or released from further attendance, by a member.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 198).
 (2) In Takeovers Panel proceedings, the Takeovers Panel may take evidence on oath or affirmation, and for that purpose a member may:
 (a) require a witness in the proceedings to either take an oath or make an affirmation; and
 (b) administer an oath or affirmation to a witness in the proceedings.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 198).
 (3) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence the person will give will be true.
 (4) The member presiding at Takeovers Panel proceedings:
 (a) may require a witness in the proceedings to answer a question put to the witness; and
 (b) may require a person appearing in the proceedings pursuant to a summons issued under this section to produce a document specified in the summons.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 198).
 (5) An offence under section 198 relating to subsection (1), (2) or (4) of this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) If:
 (a) a person appears in Takeovers Panel proceedings pursuant to a summons issued under this section; and
 (b) the summons was issued at a person's request;
the person appearing is entitled to be paid the prescribed allowances and expenses (if any) by the person at whose request the summons was issued.
 (7) The Takeovers Panel may pay such amount as it thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this section.