C.C.S.M. c. S50
The Securities Act
1(1) | Definitions |
(1.1) | Meaning of "regulations" in certain provisions |
(1.2) | Commission orders re reporting issuer |
(1.3) | Effect of issuer exchanging shares with a reporting issuer |
(1.4) | Purchase and sale of a derivative |
(1.5) | Commission orders re derivative |
(2) | Affiliated companies |
(3) | Controlled companies |
(4) | Subsidiary company |
(5) | Holding companies |
(6) | Beneficial ownership of securities |
(7) | Deemed ownership by company |
PART I | |
SECURITIES COMMISSION | |
2(1) | Commission continued |
(2) | Chair and vice-chair |
(3) | Administration of Act |
(4) | Quorum |
(5) | Sittings |
(6) | Separate sittings |
(7) | Choice of members |
(8) | Evidence out of Manitoba |
(9) | Commission may add members |
3(1) | Chief executive officer |
(2) | Absence of chair |
(3) | Members |
(4) | Delegation |
(5) | Review |
4(1) | Functions of Director |
(2) | Limits on delegation |
(3) | Director is chief administrative officer |
(4) | Deputy Directors |
(5) | Signing of orders |
5(1) | Rules as to hearings |
(2) | Record of evidence |
(3) | Hearing under delegated power |
PART II | |
REGISTRATION | |
6(1) | Persons who must be registered |
(2) to (6) | Repealed |
(7) | Repealed |
(8) | Registrant must comply with terms and conditions |
(9) | Registration in accordance with Act |
(10) | Repealed |
(11) | Suspension |
(12) | Separate registration of certain persons not required |
(13) | Adding new partner, officer or branch manager |
(14) | Termination of salesperson's employment |
(14.1) | Director's discretion re transfer of registration |
(15) | Non-trading employees |
7(1) | Registration by Director |
(2) | Refusal of registration |
(3) | Director's authority to impose terms on registration |
(4) | Repealed |
(5) | Stockbrokers |
(6) | Repealed |
(7) | Suspending or cancelling registration |
8(1) | Fitness hearings |
(2) | Interim suspension |
9 and 10 | Repealed |
11 | Address for service |
12 | Further information |
13(1) | Appointment of experts |
(2) | Submission of documents to experts |
(3) | Payment for services |
14(1) | Requirement of residence |
(2) | Definition |
(3) | Servicemen and students |
15 | Notice of status to director |
15.1(1) | Surrender of registration |
(2) | Action by Director when surrender not accepted |
16 | Repealed |
17 | Refunds |
18 | Repealed |
19(1) | Trades exempt from registration |
(2) | Trading exempted from registration |
(3) and (4) | Repealed |
(5) | Removal of exemptions |
(6) | Hearing |
(7) | Notice of temporary order |
(8) | Loss of private company status |
20(1) | Exemption by commission |
(2) | Publication of notice |
(3) | Regulations Act not to apply |
21 | Real Estate Brokers Act |
PART III | |
INVESTIGATION AND ACTION BY COMMISSION | |
21.1(1) | Designation of staff members as investigators |
(2) | General authority of investigator |
(3) | Assistance |
(4) | Decision not reviewable |
(5) | Not a section 22 investigation |
22(1) | Investigation of probable contravention or offence |
(2) | Order for investigation |
(3) | Scope of investigation |
(4) | Powers |
(5) | Counsel |
(6) | Seizure of property |
(7) | Inspection or return of property |
(8) | Accountants and other experts |
(9) | Inspection of property |
(10) | Report of investigation |
(11) | Meaning of "investigation" |
23 | Investigation under order of minister |
24(1) | Non-disclosure |
(2) | Exceptions |
25 | Reporting to minister |
26(1) | Interim preservation of property |
(2) | Direction applies only to branches identified |
(3) | Exclusions |
(4) | Clarification, variation or revocation |
(5) | Registration against land |
27(1) | Application for appointment of receiver |
(2) | Appointment |
(3) | Application without notice |
(4) | Powers of receiver |
(5) | Enforcement of order |
(6) | Rules of practice to apply |
28(1) | Costs of an investigation |
(2) | Recovery of costs |
PART IV | |
APPEALS | |
29(1) | Review by commission |
(2) | Power on review |
(3) | Reference by Director to commission |
30(1) | Appeal to The Court of Appeal |
(1.1) | Leave to appeal |
(2) | Repealed |
(3) | Time for appeal |
(4) | Repealed |
(5) | Commission party to appeal |
(6) | Powers of Court on appeal |
(7) | Commission may make further direction |
(8) | Stay pending appeal |
31(1) | Submission of question of law |
(2) | Service on persons concerned |
(3) | Service on other persons interested |
(4) | Effect of court's decision |
PART IV.1 | |
SELF-REGULATORY ORGANIZATIONS | |
31.1(1) | Recognition of self-regulatory organization |
(1.1) | Terms and conditions |
(2) | Hearing |
(3) | Recognized organization to regulate members |
(4) | Commission's powers |
31.2 | Conflict with securities law |
31.3(1) | Suspension or cancellation of recognition |
(2) | Temporary order without hearing |
31.4 | Voluntary surrender of recognition |
31.5(1) | Assignment of powers and duties by commission |
(2) | Assignment of powers and duties by Director |
(3) | Variation or revocation of assignment |
PART IV.2 | |
TRADE REPOSITORIES AND CLEARING AGENCIES | |
31.6(1) | Designation of trade repository |
(2) | Terms and conditions |
31.7(1) | Prohibition re clearing agencies |
(2) | Recognition of clearing agency |
(3) | Terms and conditions |
31.8 | Hearing |
31.9 | Commission's powers |
31.10 | Conflict with securities law |
31.11(1) | Suspension or cancellation of recognition or designation |
(2) | Temporary order without hearing |
31.12 | Voluntary surrender of recognition or designation |
PART V | |
AUDITS | |
32(1) | Auditor of self-regulatory organization, exchange, trade repository and clearing agency |
(2) | Auditor of member |
33(1) | Examination and report |
(2) | Approval by commission |
34(1) | Recordkeeping and annual financial statements |
(1.1) | Deadline for filing annual financial statement |
(2) | Extended meaning of "registrant" |
(3) | Preparing and filing auditor's report |
(4) | Variation |
35(1) | Commission may make audits |
(2) | Access to books |
(3) | Fees |
PART VI | |
36 | Repealed |
PART VII | |
TRADING IN THE COURSE OF PRIMARY DISTRIBUTION TO THE PUBLIC | |
37(1) | Prohibition as to trading |
(1.1) | Voluntary filing of non-offering prospectus |
(1.2) | Receipt for voluntary non-offering prospectus |
(2) | Receipt for preliminary prospectus |
38 | Communication about preliminary prospectus |
39 | Repealed |
40 | Defective preliminary prospectus |
41(1) | Prospectus |
(2) | Form and content |
(3) | Supplemental material |
42 | Additional information |
43 to 56 | Repealed |
57 | Limitation on materials distributed |
58(1) | Section 37 not applicable to certain trades |
(2) | Repealed |
(3) | Section 37 not applicable to certain securities |
(4) | Repealed |
59(1) | Application for determination |
(2) | Deeming trade not in primary distribution |
(3) | Ruling that registration not required |
(4) | Determination of conclusion |
(5) | No suspension of order |
60(1) | Order to provide information re distribution |
(2) | Using information provided under an order |
(3) | Exemption orders |
61(1) | When receipt for a prospectus must be issued |
(2) | Specific circumstances when a receipt must not be issued |
(3) | Giving prospectus filer an opportunity to be heard |
62(1) | Orders to cease trading |
(2) | Hearing |
(3) | Notice |
63 | Repealed |
64 | Repealed |
65 | Cancelling certain security purchases |
66 | Repealed |
PART VIII | |
TRADING IN SECURITIES AND DERIVATIVES GENERALLY | |
67 | Repealed |
68(1) | Calling at or telephoning residence |
(2) | Exemption |
(3) | Definition of "residence" |
(4) | Definition of "person" |
69(1) | Prohibition of representations |
(1.1) | Representation prohibited — derivatives |
(2) | Promises |
(3) | Representation re listing |
(4) | Exception |
70 to 73 | Repealed |
74 | Representations as to registration |
74.1 | Certain misrepresentations prohibited |
75 | Repealed |
76 | Representations about commission approval |
77(1) | Margin contracts |
(2) | Exercise of option |
78 | Declaration as to short position |
79(1) | Voting of shares in name of registrant |
(2) | Where registrant not to vote shares |
(3) | Copies of material to be furnished |
(4) | Voting of shares |
(5) | Proxies |
(6) | Shareholders meeting not affected |
(7) | Voting rights not extended |
PART VIII.1 | |
TRADING IN DERIVATIVES | |
79.1(1) | Disclosure document — designated derivative |
(2) | Exception |
(3) | Acceptance of disclosure document |
(4) | Opportunity to be heard |
(5) | Part VII not applicable |
79.2(1) | Deemed to be securities for certain purposes |
(2) | Not void for failure to comply with Act, etc. |
PART IX | |
TAKE-OVER BIDS | |
80 | Definitions |
81 to 85 | Repealed |
86 | Making a bid |
87 to 89 | Repealed |
90(1) | Directors' recommendation re bid |
(2) | Individual recommendation re bid |
91 to 94 | Repealed |
95(1) | Application to the commission for a remedial order |
(2) | Application to the commission for an exemption |
96(1) | Application to the court for remedial order |
(2) | Director must be given notice and hearing |
97 to 99 | Repealed |
PART X | |
PROXIES AND PROXY SOLICITATION | |
100 | Repealed |
101 | Reporting issuer to comply with proxy regulations |
102 | Repealed |
103(1) | Repealed |
(2) | Conflict |
(3) | Repealed |
104 | Repealed |
105 | Where vote by ballot not required |
106(1) | Undertakings |
(2) | Refusal of receipt |
(3) | Repealed |
107 | Repealed |
PART XI | |
INSIDER TRADING | |
108 | Interpretation |
108.1 | Designating a person or company as an insider |
109 | Insider reports |
110(1) | Reports may be inspected |
(2) | Publication of summary |
111 | Repealed |
111.1(1) | Meaning of "control or direction over a security" |
(2) | Early warning |
112(1) | Definitions |
(1.1) | Security |
(2) | Trading with knowledge of undisclosed information |
(3) | Tipping |
112.1 | Prohibition on early disclosure of material information |
112.2 | Defences re sections 112 and 112.1 |
112.3(1) | Misleading or untrue statements |
(2) | No statutory right of action for damages |
113(1) | Liability for non-disclosure |
(2) | Liability for tipping |
(2.1) | Defences to liability for tipping |
(3) | Liability for using inside information about mutual funds or managed portfolios |
(4) | Accountability for benefit or advantage |
(5) | Joint and several liability |
(6) | Measure of damages |
(7) and (8) | Repealed |
114(1) | Order to commence action for accounting |
(2) | Grounds for making order |
(3) | Notice to issuer and commission |
(4) | Order requiring issuer to co-operate |
115 | Repealed |
116 | Exemption and extension orders |
117(1) | Undertakings |
(2) | Refusal of receipt |
PART XII | |
FINANCIAL DISCLOSURE | |
118 and 119 | Repealed |
120 | Documents to be filed |
121 to 130 | Repealed |
131 | Exemption from requirements |
132 | Undertakings |
133 | Refusal of receipt |
134 | Inspection of filed material |
135 | Repealed |
PART XIII | |
OFFENCES AND PENALTIES | |
136(1) | General offences |
(2) | Defence |
(3) | Directors and officers |
(4) | Contravention of subsection 112(2) or (3) or section 112.1 |
(5) | Definition |
137 | Time limitation |
138(1) | More than one offence |
(2) | Continuing offence |