(1) A shareholder or debenture holder of a company, or the Registrar, may apply, ex parte or upon such notice as the court may require, to the court for an order directing that an investigation be made of the company and any of its affiliated companies.
(2) If, upon an application under subsection (1) in respect of a company, it appears to the court that—
(a) the business of the company or any of its affiliates is or has been carried on with intent to defraud any person;
(b) the business or affairs of the company or any of its affiliates are or have been carried on in a manner, or the powers of the directors are or have been exercised in a manner, that is oppressive or unfairly prejudicial to, or that unfairly disregards, the interest of a shareholder or debenture holder;
(c) the company or any of its affiliates was formed for a fraudulent or unlawful purpose, or is to be dissolved for a fraudulent or unlawful purpose;
(d) persons concerned with the formation, business or affairs of the company or any of its affiliates have in connection therewith acted fraudulently or dishonestly; or
(e) in any case it is in the public interest that an investigation of the company be made,
the court may order that an investigation be made of the company and any of its affiliated companies.
(3) If a shareholder or debenture holder makes an application under subsection (1) he or she shall give the Registrar reasonable notice thereof; and the Registrar is entitled to appear and be heard in person or by an attorney-at-law.
(4) An ex parte application under this section shall be heard in camera.
(5) A person shall not publish anything relating to an ex parte proceeding except with the authorisation of the court or the written consent of the company that is being, or to be, investigated.