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C.C.S.M. c. S50
The Securities Act
| PART XIV | |
| GENERAL PROVISIONS | |
| 139(1) | Stock exchanges |
| (2) | Powers re stock exchanges |
| 140 | Records in stock exchanges |
| 140.1 | Meaning of "misrepresentation" in certain sections |
| 141(1) | Statutory rights — damages re misrepresentation in prospectus |
| (2) | Statutory rights — rescission re misrepresentation in prospectus |
| (3) | No action for damages if recission |
| (4) | Defence when securities purchased with knowledge |
| (5) | Other defences |
| (6) | When expert not liable for own report |
| (7) | When others not liable for expert's report |
| (8) | Limit on amount recoverable |
| (9) | Limit on amount recoverable from underwriter |
| (10) | Limit on particular defendant's liability |
| (11) | Joint and severable liability |
| (12) | Rights when no receipt issued for prospectus |
| (13) | Defendant may recover contribution |
| (14) | Rights are in addition to other rights |
| (15) | Deemed misrepresentation |
| 141.1(1) | Statutory rights — offering memorandum |
| (2) | No action for damages if recission |
| (3) | Defences |
| (4) | Exception |
| (5) | Limit on amount recoverable |
| (6) | Damages not recoverable |
| (7) | Joint and severable liability |
| (8) | Defendant may recover contribution |
| (9) | Rights are in addition to other rights |
| (10) | Deemed misrepresentation |
| 141.1.1(1) | Statutory rights — misrepresentation in take-over bid circular or notice of change or variation |
| (2) | Statutory rights — misrepresentation in directors' circular |
| (3) | Application to issuer bid circulars |
| (4) | Defence when security holder has knowledge |
| (5) | Other defences |
| (6) | When expert not liable for own report |
| (7) | When others not liable for expert's report |
| (8) | Limit on particular defendant's liability |
| (9) | Joint and several liability |
| (10) | Defendant may recover contribution |
| (11) | Rights are in addition to other rights |
| (12) | Deemed misrepresentation |
| 141.1.2 | Defence to liability for misrepresentation |
| 141.2 | Statutory rights — failing to send required document |
| 141.3(1) | Rescission re offering memorandum |
| (2) | Additional ways of rescinding mutual fund purchase |
| (3) | Limit on amount recoverable |
| (4) | Recission re payments to be made |
| (5) | Dealer to reimburse purchaser for sales charges and fees |
| 141.4(1) | Limitation period re prospectus misrepresentation |
| (2) | Limitation period re other rights of action |
| 142(1) | Protection from liability |
| (1.1) | Other persons protected |
| (2) | Liability if complying with Act |
| (3) | Evidence in civil suits |
| 143(1) | Records of commission |
| (2) | Copies of public documents |
| 143.1 | Publishing list of defaulting reporting issuers |
| 144(1) | Service of notices |
| (2) | Time of service by registered mail |
| (3) | Time of service by certified mail |
| 145(1) | Use of government services |
| (2) | Commission exempt from certain fees |
| 146(1) | Orders coming into force in future |
| (2) | Interim order |
| 147 | Only substantial compliance required |
| 147.1(1) | Late filing of periodic disclosure |
| (2) | Notice of order |
| 148(1) | Order suspending trading |
| (2) | Temporary order |
| (3) | Extension of temporary order |
| (4) | Notice of intention re order or hearing |
| 148.1(1) | Administrative penalties |
| (1.1) | Administrative penalties against others |
| (2) | Administrative penalties are in addition to other sanctions |
| 148.2(1) | Compensation for financial losses |
| (2) | Director's decision not reviewable |
| (3) | Order by commission |
| (4) | Compensation orders against employers and others |
| (5) | Meaning of "employment" |
| (6) | Compensation order is in addition to other sanctions |
| (7) | Court proceedings take precedence |
| (8) | Claimant to inform commission about action |
| (9) | No right of action after hearing begins |
| (10) | Enforcement of order |
| 148.3(1) | Orders respecting directors and officers |
| (2) | Order may be subject to conditions |
| 148.4(1) | Orders based on orders from other tribunals |
| (2) | Order may be subject to conditions |
| 149 | Regulations |
| 149.1(1) | Commission may make rules |
| (2) | Regulation prevails |
| (3) | L.G. in C. may amend or repeal rule |
| (4) | Force and effect of rule |
| (5) | Regulations Act not applicable |
| 149.2(1) | Publication of rules |
| (2) | Effect of publication |
| (3) | Effect of non-publication |
| 149.3(1) | Evidence Act |
| (2) | Application of regulations and rules |
| (3) | Incorporation by reference |
| 149.4 | Exemption from a regulation or rule |
| 149.5(1) | Policy statements |
| (2) | Statements not rules or regulations |
| 150 | Evidence of certified statements |
| 151(1) | Warrant issued in another province |
| (2) | Prisoner in transit |
| 152(1) | Order for compliance |
| (2) | |
| (3) | Application without notice |
| (4) | Extension of interim order |
| (5) | Enforcement of order |
| (6) | Rules of court to apply |
| 153(1) | Forfeiture or cancellation of bond |
| (2) | Cancellation of bond |
| (3) | Continuation of bond |
| (4) | Collateral securing bond |
| (5) | Proceedings by Crown |
| (6) | Disposition of proceeds of bond |
| (7) | Remission of bond |
| 154(1) | Costs |
| (2) | Order for payment of costs |
| 154.1 | Conflict with The Freedom of Information and Protection of Privacy Act |
| 154.2(1) | Standards of care for investment fund managers |
| (2) | Standards of care for investment portfolio managers |
| (3) | Standards of care for other registrants |
| 154.3(1) | Oversight of an investment fund |
| (2) | Powers and duties of overseeing body |
| 154.4(1) | Filing advertising |
| (2) | Copies must be filed at least seven days before use |
| (3) | Director may prohibit use or require changes |
| PART XV | |
| 155 to 157 | |
| PART XVI | |
| INVESTMENT CONTRACTS | |
| 158 | Definition |
| 159 | Limitation on issue |
| 160 | Requirement for registration |
| 161 | |
| 162 | Application of 69(2) |
| PART XVII | |
| INTERJURISDICTIONAL COMPLIANCE | |
| 163(1) | Definitions |
| (2) | Extra-provincial securities commission includes delegate |
| 164(1) | Delegation and acceptance of authority |
| (2) | Exception |
| 165(1) | Commission may subdelegate |
| (2) | Subdelegation of Manitoba authority |
| 166(1) | Extra-provincial securities laws may be adopted or incorporated |
| (2) | Amendment may be adopted or incorporated |
| 167 | Exemption orders |
| 168(1) | Exercise of discretion, interprovincial reliance |
| (2) | Hearing not required |
| 169 | Regulations |
| 170(1) | Definitions |
| (2) | Immunity re Manitoba authority |
| (3) | Application re immunity |
| 171(1) | Definitions |
| (2) | Immunity re extra-provincial authority |
| (3) | Application of immunity |
| 172(1) | Definitions |
| (2) | Appeal re extra-provincial decision |
| (3) | Extra-provincial securities commission is respondent |
| 173(1) | Definition |
| (2) | Appeal re decision of the commission |
| (3) | Right to appeal in Manitoba |
| PART XVIII | |
| CIVIL LIABILITY FOR SECONDARY MARKET DISCLOSURE | |
| INTERPRETATION AND APPLICATION | |
| 174 | Definitions |
| 175 | Application |
| LIABILITY | |
| Liability for Secondary Market Disclosure | |
| 176(1) | Documents released by responsible issuer |
| (2) | Persons and companies who may be liable |
| (3) | Public oral statements by responsible issuer |
| (4) | Persons and companies who may be liable |
| (5) | Influential persons |
| (6) | Persons and companies who may be liable |
| (7) | Failure to make timely disclosure |
| (8) | Persons and companies who may be liable |
| (9) | Multiple roles |
| (10) | Multiple misrepresentations |
| (11) | No implied or actual authority |
| Burden of Proof and Defences | |
| 177(1) | Non-core documents and public oral statements |
| (2) | Exception re experts |
| 178(1) | Failure to make timely disclosure |
| (2) | Exception re responsible issuers and others |
| 179 | Knowledge of the misrepresentation or material change |
| 180 | Reasonable investigation |
| 181 | Factors to be considered by the court |
| 182 | Confidential disclosure |
| 183(1) | Forward-looking information |
| (2) | Public oral statements |
| (3) | When a document is deemed to be readily available |
| (4) | Exception |
| 184(1) | Expert report, statement or opinion |
| (2) | Expert's consent withdrawn |
| 185 | Release of documents |
| 186 | Derivative information |
| 187 | When corrective action taken |
| DAMAGES | |
| 188(1) | Assessment of damages — securities acquired |
| (2) | Assessment of damages — securities disposed of |
| (3) | Unrelated changes in market price |
| 189(1) | Proportionate liability |
| (2) | Liability of certain defendants |
| (3) | Joint and several liability |
| (4) | Contribution among defendants |
| 190(1) | Limits on damages |
| (2) | When subsection (1) does not apply |
| PROCEDURAL MATTERS | |
| 191(1) | Leave to proceed |
| (2) | Grounds for granting leave |
| (3) | Application must be sent to the commission |
| 192 | News release and other notices |
| 193 | Restriction on discontinuation, abandonment and settlement of action |
| 194 | Costs |
| 195 | Power of the commission |
| 196 | No derogation from other rights |
| 197 | Limitation periods |