C-38 - Companies Act

Full text
110. (1)  The enterprise registrar may appoint one or more competent inspectors to investigate the affairs of any company, and to report thereon in such manner as he may direct, on the application of shareholders holding such a proportion of the issued stock of the company as in the opinion of the enterprise registrar warrants the application.
(2)  The application shall be supported by such evidence as the enterprise registrar may require for the purpose of showing that the applicants have good reason for and are not actuated by malicious motives in applying for the investigation; and the enterprise registrar may, before appointing an inspector, require the applicants to give security for payment of the costs of the inquiry.
(3)  It shall be the duty of all officers and agents of the company to produce to the inspectors all books and documents in their custody or control.
(4)  An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.
(5)  If any officer or agent refuses to produce any book or document which under this section it is his duty to produce, or to answer any question relating to the affairs of the company, he shall be liable to a fine of not more than $100 in respect of each offence.
(6)  On the conclusion of the investigation the inspectors shall report their opinion to the Department of the enterprise registrar, and a copy of the report shall be forwarded by him to the company, and a further copy shall, at the request of the applicants for the investigation, be delivered to them.
(7)  The report shall be written or printed, as may be directed by the enterprise registrar.
(8)  The expenses of and incidental to the investigation shall be borne by the applicants or the company, as the enterprise registrar may order, or by both the applicants and the company, in the proportion which the enterprise registrar shall determine, when he shall deem it equitable to apportion them between the parties.
They shall be recoverable at the instance of the inspector from any party against whom they have been adjudged.
Such expenses shall be determined by the chief judge of the Court of Québec or by the judge he designates, upon verbal application of the inspector, after a notice of at least three days, to every party obliged to pay the same, of the hour, date and place where the bill of costs will be filed.
The certificate of adjudication of the expenses by the enterprise registrar and the certificate issued by the judge who determined the expenses shall be incontestable and shall be evidence of the obligation of any party against whom they have been adjudged to pay the amount determined.
R. S. 1964, c. 271, s. 107; 1965 (1st sess.), c. 17, s. 2; 1966-67, c. 72, s. 23; 1980, c. 11, s. 117; 1982, c. 52, s. 138; 1988, c. 21, s. 85; 1990, c. 4, s. 302; 1995, c. 42, s. 54; 2002, c. 45, s. 278; I.N. 2016-01-01 (NCCP).
110. (1)  The enterprise registrar may appoint one or more competent inspectors to investigate the affairs of any company, and to report thereon in such manner as he may direct, on the application of shareholders holding such a proportion of the issued stock of the company as in the opinion of the enterprise registrar warrants the application.
(2)  The application shall be supported by such evidence as the enterprise registrar may require for the purpose of showing that the applicants have good reason for and are not actuated by malicious motives in applying for the investigation; and the enterprise registrar may, before appointing an inspector, require the applicants to give security for payment of the costs of the inquiry.
(3)  It shall be the duty of all officers and agents of the company to produce to the inspectors all books and documents in their custody or control.
(4)  An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.
(5)  If any officer or agent refuses to produce any book or document which under this section it is his duty to produce, or to answer any question relating to the affairs of the company, he shall be liable to a fine of not more than $100 in respect of each offence.
(6)  On the conclusion of the investigation the inspectors shall report their opinion to the Department of the enterprise registrar, and a copy of the report shall be forwarded by him to the company, and a further copy shall, at the request of the applicants for the investigation, be delivered to them.
(7)  The report shall be written or printed, as may be directed by the enterprise registrar.
(8)  The expenses of and incidental to the investigation shall be borne by the applicants or the company, as the enterprise registrar may order, or by both the applicants and the company, in the proportion which the enterprise registrar shall determine, when he shall deem it equitable to apportion them between the parties.
They shall be recoverable at the instance of the inspector from any party against whom they have been adjudged.
Such expenses shall be taxed by the chief judge of the Court of Québec or by the judge he designates, upon verbal application of the inspector, after a notice of at least three days, to every party obliged to pay the same, of the hour, date and place where he will present the statement of his expenses for taxation.
The certificate of adjudication of the expenses by the enterprise registrar and the taxation certificate of the Judge shall be incontestable and shall be evidence of the obligation of any party against whom they have been adjudged to pay the amount determined by the taxation certificate.
R. S. 1964, c. 271, s. 107; 1965 (1st sess.), c. 17, s. 2; 1966-67, c. 72, s. 23; 1980, c. 11, s. 117; 1982, c. 52, s. 138; 1988, c. 21, s. 85; 1990, c. 4, s. 302; 1995, c. 42, s. 54; 2002, c. 45, s. 278.
110. (1)  The Inspector General may appoint one or more competent inspectors to investigate the affairs of any company, and to report thereon in such manner as he may direct, on the application of shareholders holding such a proportion of the issued stock of the company as in the opinion of the Inspector General warrants the application.
(2)  The application shall be supported by such evidence as the Inspector General may require for the purpose of showing that the applicants have good reason for and are not actuated by malicious motives in applying for the investigation; and the Inspector General may, before appointing an inspector, require the applicants to give security for payment of the costs of the inquiry.
(3)  It shall be the duty of all officers and agents of the company to produce to the inspectors all books and documents in their custody or control.
(4)  An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.
(5)  If any officer or agent refuses to produce any book or document which under this section it is his duty to produce, or to answer any question relating to the affairs of the company, he shall be liable to a fine of not more than $100 in respect of each offence.
(6)  On the conclusion of the investigation the inspectors shall report their opinion to the Department of the Inspector General, and a copy of the report shall be forwarded by him to the company, and a further copy shall, at the request of the applicants for the investigation, be delivered to them.
(7)  The report shall be written or printed, as may be directed by the Inspector General.
(8)  The expenses of and incidental to the investigation shall be borne by the applicants or the company, as the Inspector General may order, or by both the applicants and the company, in the proportion which the Inspector General shall determine, when he shall deem it equitable to apportion them between the parties.
They shall be recoverable at the instance of the inspector from any party against whom they have been adjudged.
Such expenses shall be taxed by the chief judge of the Court of Québec or by the judge he designates, upon verbal application of the inspector, after a notice of at least three days, to every party obliged to pay the same, of the hour, date and place where he will present the statement of his expenses for taxation.
The certificate of adjudication of the expenses by the Inspector General and the taxation certificate of the Judge shall be incontestable and shall be evidence of the obligation of any party against whom they have been adjudged to pay the amount determined by the taxation certificate.
R. S. 1964, c. 271, s. 107; 1965 (1st sess.), c. 17, s. 2; 1966-67, c. 72, s. 23; 1980, c. 11, s. 117; 1982, c. 52, s. 138; 1988, c. 21, s. 85; 1990, c. 4, s. 302; 1995, c. 42, s. 54.
110. (1)  The Inspector General may appoint one or more competent inspectors to investigate the affairs of any company, and to report thereon in such manner as he may direct, on the application of shareholders holding such a proportion of the issued stock of the company as in the opinion of the Inspector General warrants the application.
(2)  The application shall be supported by such evidence as the Inspector General may require for the purpose of showing that the applicants have good reason for and are not actuated by malicious motives in applying for the investigation; and the Inspector General may, before appointing an inspector, require the applicants to give security for payment of the costs of the inquiry.
(3)  It shall be the duty of all officers and agents of the company to produce to the inspectors all books and documents in their custody or control.
(4)  An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.
(5)  If any officer or agent refuses to produce any book or document which under this section it is his duty to produce, or to answer any question relating to the affairs of the company, he shall be liable to a fine of not more than $100 in respect of each offence.
(6)  On the conclusion of the investigation the inspectors shall report their opinion to the Department of the Inspector General, and a copy of the report shall be forwarded by him to the company, and a further copy shall, at the request of the applicants for the investigation, be delivered to them.
(7)  The report shall be written or printed, as may be directed by the Inspector General.
(8)  The expenses of and incidental to the investigation shall be borne by the applicants or the company, as the Inspector General may order, or by both the applicants and the company, in the proportion which the Inspector General shall determine, when he shall deem it equitable to apportion them between the parties.
They shall be recoverable at the instance of the inspector from any party against whom they have been adjudged.
Such expenses shall be taxed by the senior associate chief judge of the Court of Québec having jurisdiction in the territory where the corporate seat of the company is situated, upon verbal application of the inspector, after a notice of at least three days, to every party obliged to pay the same, of the hour, date and place where he will present the statement of his expenses for taxation.
The certificate of adjudication of the expenses by the Inspector General and the taxation certificate of the Judge shall be incontestable and shall be evidence of the obligation of any party against whom they have been adjudged to pay the amount determined by the taxation certificate.
R. S. 1964, c. 271, s. 107; 1965 (1st sess.), c. 17, s. 2; 1966-67, c. 72, s. 23; 1980, c. 11, s. 117; 1982, c. 52, s. 138; 1988, c. 21, s. 85; 1990, c. 4, s. 302.
110. (1)  The Inspector General may appoint one or more competent inspectors to investigate the affairs of any company, and to report thereon in such manner as he may direct, on the application of shareholders holding such a proportion of the issued stock of the company as in the opinion of the Inspector General warrants the application.
(2)  The application shall be supported by such evidence as the Inspector General may require for the purpose of showing that the applicants have good reason for and are not actuated by malicious motives in applying for the investigation; and the Inspector General may, before appointing an inspector, require the applicants to give security for payment of the costs of the inquiry.
(3)  It shall be the duty of all officers and agents of the company to produce to the inspectors all books and documents in their custody or control.
(4)  An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.
(5)  If any officer or agent refuses to produce any book or document which under this section it is his duty to produce, or to answer any question relating to the affairs of the company, he shall be liable on summary proceeding to a fine of not more than $100 in respect of each offence.
(6)  On the conclusion of the investigation the inspectors shall report their opinion to the Department of the Inspector General, and a copy of the report shall be forwarded by him to the company, and a further copy shall, at the request of the applicants for the investigation, be delivered to them.
(7)  The report shall be written or printed, as may be directed by the Inspector General.
(8)  The expenses of and incidental to the investigation shall be borne by the applicants or the company, as the Inspector General may order, or by both the applicants and the company, in the proportion which the Inspector General shall determine, when he shall deem it equitable to apportion them between the parties.
They shall be recoverable at the instance of the inspector from any party against whom they have been adjudged.
Such expenses shall be taxed by the senior associate chief judge of the Court of Québec having jurisdiction in the territory where the corporate seat of the company is situated, upon verbal application of the inspector, after a notice of at least three days, to every party obliged to pay the same, of the hour, date and place where he will present the statement of his expenses for taxation.
The certificate of adjudication of the expenses by the Inspector General and the taxation certificate of the Judge shall be incontestable and shall be evidence of the obligation of any party against whom they have been adjudged to pay the amount determined by the taxation certificate.
R. S. 1964, c. 271, s. 107; 1965 (1st sess.), c. 17, s. 2; 1966-67, c. 72, s. 23; 1980, c. 11, s. 117; 1982, c. 52, s. 138; 1988, c. 21, s. 85.
110. (1)  The Inspector General may appoint one or more competent inspectors to investigate the affairs of any company, and to report thereon in such manner as he may direct, on the application of shareholders holding such a proportion of the issued stock of the company as in the opinion of the Inspector General warrants the application.
(2)  The application shall be supported by such evidence as the Inspector General may require for the purpose of showing that the applicants have good reason for and are not actuated by malicious motives in applying for the investigation; and the Inspector General may, before appointing an inspector, require the applicants to give security for payment of the costs of the inquiry.
(3)  It shall be the duty of all officers and agents of the company to produce to the inspectors all books and documents in their custody or control.
(4)  An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.
(5)  If any officer or agent refuses to produce any book or document which under this section it is his duty to produce, or to answer any question relating to the affairs of the company, he shall be liable on summary proceeding to a fine of not more than $100 in respect of each offence.
(6)  On the conclusion of the investigation the inspectors shall report their opinion to the Department of the Inspector General, and a copy of the report shall be forwarded by him to the company, and a further copy shall, at the request of the applicants for the investigation, be delivered to them.
(7)  The report shall be written or printed, as may be directed by the Inspector General.
(8)  The expenses of and incidental to the investigation shall be borne by the applicants or the company, as the Inspector General may order, or by both the applicants and the company, in the proportion which the Inspector General shall determine, when he shall deem it equitable to apportion them between the parties.
They shall be recoverable at the instance of the inspector from any party against whom they have been adjudged.
Such expenses shall be taxed by the chief judge of the Provincial Court or, in case of his inability to act, on account of absence, illness or other cause, by the senior associate chief judge of the Provincial Court, upon verbal application of the inspector, after a notice of at least three days, to every party obliged to pay the same, of the hour, date and place where he will present the statement of his expenses for taxation.
The certificate of adjudication of the expenses by the Inspector General and the taxation certificate of the Judge shall be incontestable and shall be evidence of the obligation of any party against whom they have been adjudged to pay the amount determined by the taxation certificate.
R. S. 1964, c. 271, s. 107; 1965 (1st sess.), c. 17, s. 2; 1966-67, c. 72, s. 23; 1980, c. 11, s. 117; 1982, c. 52, s. 138.
110. (1)  The Minister may appoint one or more competent inspectors to investigate the affairs of any company, and to report thereon in such manner as the Minister may direct, on the application of shareholders holding such a proportion of the issued stock of the company as in the opinion of the Minister warrants the application.
(2)  The application shall be supported by such evidence as the Minister may require for the purpose of showing that the applicants have good reason for and are not actuated by malicious motives in applying for the investigation; and the Minister may, before appointing an inspector, require the applicants to give security for payment of the costs of the inquiry.
(3)  It shall be the duty of all officers and agents of the company to produce to the inspectors all books and documents in their custody or control.
(4)  An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.
(5)  If any officer or agent refuses to produce any book or document which under this section it is his duty to produce, or to answer any question relating to the affairs of the company, he shall be liable on summary proceeding to a fine of not more than one hundred dollars in respect of each offence.
(6)  On the conclusion of the investigation the inspectors shall report their opinion to the Department of the Minister, and a copy of the report shall be forwarded by the Minister to the company, and a further copy shall, at the request of the applicants for the investigation, be delivered to them.
(7)  The report shall be written or printed, as may be directed by the Minister.
(8)  The expenses of and incidental to the investigation shall be borne by the applicants or the company, as the Minister may order, or by both the applicants and the company, in the proportion which the Minister shall determine, when he shall deem it equitable to apportion them between the parties.
They shall be recoverable at the instance of the inspector from any party against whom they have been adjudged.
Such expenses shall be taxed by the chief judge of the Provincial Court or, in case of his inability to act, on account of absence, illness or other cause, by the senior associate chief judge of the Provincial Court, upon verbal application of the inspector, after a notice of at least three days, to every party obliged to pay the same, of the hour, date and place where he will present the statement of his expenses for taxation.
The certificate of adjudication of the expenses by the Minister and the taxation certificate of the Judge shall be incontestable and shall be evidence of the obligation of any party against whom they have been adjudged to pay the amount determined by the taxation certificate.
R. S. 1964, c. 271, s. 107; 1965 (1st sess.), c. 17, s. 2; 1966-67, c. 72, s. 23; 1980, c. 11, s. 117.
110. (1)  The Minister may appoint one or more competent inspectors to investigate the affairs of any company, and to report thereon in such manner as the Minister may direct, on the application of shareholders holding such a proportion of the issued stock of the company as in the opinion of the Minister warrants the application.
(2)  The application shall be supported by such evidence as the Minister may require for the purpose of showing that the applicants have good reason for and are not actuated by malicious motives in applying for the investigation; and the Minister may, before appointing an inspector, require the applicants to give security for payment of the costs of the inquiry.
(3)  It shall be the duty of all officers and agents of the company to produce to the inspectors all books and documents in their custody or control.
(4)  An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.
(5)  If any officer or agent refuses to produce any book or document which under this section it is his duty to produce, or to answer any question relating to the affairs of the company, he shall be liable on summary proceeding to a fine of not more than one hundred dollars in respect of each offence.
(6)  On the conclusion of the investigation the inspectors shall report their opinion to the Department of the Minister, and a copy of the report shall be forwarded by the Minister to the company, and a further copy shall, at the request of the applicants for the investigation, be delivered to them.
(7)  The report shall be written or printed, as may be directed by the Minister.
(8)  The expenses of and incidental to the investigation shall be borne by the applicants or the company, as the Minister may order, or by both the applicants and the company, in the proportion which the Minister shall determine, when he shall deem it equitable to apportion them between the parties.
They shall be recoverable at the instance of the inspector from any party against whom they have been adjudged.
Such expenses shall be taxed by the chief judge of the Provincial Court or, in case of his inability to act, on account of absence, illness or other cause, by the associate chief judge of the Provincial Court, upon verbal application of the inspector, after a notice of at least three days, to every party obliged to pay the same, of the hour, date and place where he will present the statement of his expenses for taxation.
The certificate of adjudication of the expenses by the Minister and the taxation certificate of the Judge shall be incontestable and shall be evidence of the obligation of any party against whom they have been adjudged to pay the amount determined by the taxation certificate.
R. S. 1964, c. 271, s. 107; 1965 (1st sess.), c. 17, s. 2; 1966-67, c. 72, s. 23.