Witness competent and compellable

(1) An individual who is the subject of an order under paragraph 510.01(1)(a) is competent and may be compelled to give evidence.

No individual excused from complying with order

(2) No individual shall be excused from complying with an order that is made under subsection 510.01(1) on the ground that the testimony or written return required of the individual may tend to incriminate the individual or subject them to any proceeding or penalty.

Attendance of individual whose conduct is being investigated

(3) An individual whose conduct is being investigated during an examination conducted under an order under paragraph 510.01(1)(a), and their counsel, may attend the examination unless the Commissioner or the authorized representative, or the individual being examined, establishes to the satisfaction of the presiding officer that the presence of the individual whose conduct is being investigated would be prejudicial to the effective conduct of the examination or the investigation.

Exception

(4) Subsection (3) does not apply in respect of an examination conducted under an order that was issued ex parte.

Testimony, evidence and return not receivable

(5) Subject to subsection (6), no testimony given by an individual under an order made under paragraph 510.01(1)(a), or written return made by an individual under an order made under paragraph 510.01(1)(b), and no evidence derived from the testimony or written return, shall be used or received against that individual in any civil or criminal proceedings instituted against them, other than a prosecution for an offence under section 482.1 of this Act or section 132 or 136 of the Criminal Code.

Part XV of the Criminal Code

(6) Information contained in the testimony or written return referred to in subsection (5) and information derived from such information may be used in an application under Part XV of the Criminal Code.

Fees

(7) An individual who is the subject of an order made under paragraph 510.01(1)(a) is entitled to the fees and allowances for so doing as if they were summoned to attend before a superior court of the province in which the individual is summoned to attend.

Representation by counsel

(8) A presiding officer shall permit an individual who is being examined under an order made under paragraph 510.01(1)(a) to be represented by counsel.

2018, c. 31, s. 357.