36.— (1) A person commits an offence if, having been required to produce a document or provide information to the Head of Financial Regulation in compliance with an evidentiary notice, he or she fails to comply with the requirement and has not been excused by the Head of Financial Regulation.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

(3) It is a reasonable excuse for the purposes of subsection (2) that—

(a) the person does not have the document or information and cannot by any reasonable effort obtain it; or

(b) the person could not be compelled to produce the document in, or provide the information to, a court of law.

(4) Subsection (3) does not limit what is a reasonable excuse for the purposes of subsection (2).