Investor Presentaiton
investigations or inspections to the Autorité, the CPAB, or any other body. In the case of the
CPAB, information exchanges between the Autorité and the CPAB are not allowed under
current laws even though the Board has investigative, inspection, and even punitive powers
over the registered auditors.
3.2.2 Restrictions on informing the law enforcement community
Section 297.1 of the Securities Act was amended recently to allow the Autorité to provide
information to Québec police authorities of a personal nature concerning individuals
targeted by its investigations of the securities industry. To this end, the Autorité
investigators work closely with the Special Investigations Unit (SIU) 14 which deals with tax-
related financial crime.
However, there are still problems with how the law enforcement community could use the
information gathered by the Autorité thanks to its investigative powers. Indeed, some court
rulings do not allow information to be admitted as evidence that was forwarded by bodies
with binding authority (like the Autorité) to ones without the same powers (like police
departments).
14.
The Special Investigation Unit (SIU) was created in 2004. It is composed of investigators from
Autorité des marchés financiers, Sureté du Québec (Tax Crimes Investigation Unit) and
Ministère du Revenu.
Consultation paper
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