s 40 Investigations by Board
40.—(1) The Board may conduct such investigations as it considers necessary to determine whether any person has contravened or is contravening any of the provisions of this Act. (2) For the purpose of subsection (1), the Board may, in writing, require any person named therein to testify or to produce any document or other material relating to any matter under investigation, and such person must immediately comply with that requirement. (3) Nothing in this section compels the production by an advocate or solicitor of a document or other material containing a privileged communication made by or to the advocate or solicitor in that capacity or otherwise the taking of any such document or other material which is in his or her possession, but if the advocate or solicitor refuses to produce the document or other material, the advocate or solicitor must nevertheless give the name and address of the person (if the advocate or solicitor knows them) to whom or by or on behalf of whom that communication was made. (4) The Board may by regulations prescribe the practice and procedure to be followed in any investigation under this section. (5) A person who, without reasonable excuse, fails to comply with any requirement under subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.