Bill 8 - An Act Respecting the Financial and Consumer Services Tribunal

BILL 8

An Act Respecting the Financial and Consumer Services Tribunal

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Auctioneers Licence Act

1( 1) Section 10 of the Auctioneers Licence Act, chapter 117 of the Revised Statutes, 2011, is amended

( a) by renumbering subsection (1) as section 10;

( b) by repealing subsection (2).

1( 2) Section 10.1 of the Act is repealed and the following is substituted:

Appeals

10.1( 1) If the director refuses to issue a licence or suspends or revokes a licence issued under this Act, the applicant for the licence or a licensee who is dissatisfied with the decision of the Director may appeal the decision to the Tribunal.

10.1( 2) A person who is directly affected by a decision of the Director may appeal the decision to the Tribunal.

10.1( 3) An appeal under subsection (1) or (2) shall be made within 30 days after the date of the decision.

10.1( 4) Despite subsection (3), the Tribunal may extend the time limit in subsection (3), before or after the expiration of the time, if it is satisfied that there are reasonable grounds for the extension.

Collection Agencies Act

2( 1) Section 9 of the Collections Agencies Act, chapter 126 of the Revised Statutes, 2011, is amended

( a) in subsection (3) by adding “within 30 days after the date of the decision” after “Tribunal”;

( b) by adding after subsection (3) the following:

9( 3.1) Despite subsection (3), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Co-operative Associations Act

3 The Co-operative Associations Act, chapter C-22.1 of the Acts of New Brunswick, 1978, is amended by repealing section 61.1 and substituting the following:

61.1( 1) A person who is directly affected by a decision of the Inspector or the Registrar may appeal the decision to the Tribunal within 30 days after the date of the decision.

61.1( 2) Despite subsection (1), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Cost of Credit Disclosure Act

4( 1) Section 1 of the Cost of Credit Disclosure Act, chapter C-28.3 of the Acts of New Brunswick, 2002, is amended by repealing the definition “Registrar”.

4( 2) The Act is amended by repealing section 12 and substituting the following:

12( 1) A person directly affected by a decision made under section 7 or 11 may appeal that decision to the Tribunal within 30 days after the date of the decision.

12( 2) Despite subsection (1), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Credit Reporting Services Act

5 Section 52 of the Credit Reporting Services Act, chapter 27 of the Acts of New Brunswick, 2017, is amended by adding after subsection (1) the following:

52( 1.1) Despite subsection (1), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Credit Unions Act

6 Section 246 of the Credit Unions Act, chapter C-32.2 of the Acts of New Brunswick, 1992, is amended

( a) in subsection (2) by striking out “making of” and substituting “date of”;

( b) by adding after subsection (2) the following:

246( 2.1) Despite subsection (2), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Direct Sellers Act

7 Section 21 of the Direct Sellers Act, chapter 141 of the Revised Statutes, 2011, is amended

( a) by adding after subsection (1) the following:

21( 1.1) Despite subsection (1), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

( b) by repealing subsection (3).

Financial and Consumer Services Commission Act

8( 1) The Financial and Consumer Services Commission Act, chapter 30 of the Acts of New Brunswick, 2013, is amended by adding after subsection 14(4) the following:

14( 4.1) An appeal under subsection (4) shall be made within 30 days after the date of the decision.

14( 4.2) Despite subsection (4.1), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

8( 2) Subsection 31 of the Act is amended by adding after subsection (3) the following:

31( 4) The chair of the Tribunal shall designate a vice-chair from among the members of the Tribunal, who shall have the same qualifications as the chair of the Tribunal set out in section 32.

8( 3) Section 36 of the Act is amended

( a) by adding after subsection (1) the following:

36( 1.1) In the case of the temporary absence, illness or incapacity to act of the chair of the Tribunal, or if the chair’s office becomes vacant, the vice-chair shall assume the duties of the chair.

( b) by repealing subsection (2) and substituting the following:

36( 2) In the case of the temporary absence, illness or incapacity to act of the chair and vice-chair of the Tribunal, or in the case of a vacancy of both offices, the Minister may appoint another member of the Tribunal as acting chair for the period of the temporary absence, illness or incapacity or vacancy.

( c) by adding after subsection (2) the following:

36( 3) A vice-chair or acting chair who is filling a vacancy under this section shall assume the duties of the chair pending the appointment of a replacement by the Lieutenant-Governor in Council.

8( 4) Subsection 38(7) of the Act is repealed and the following is substituted:

38( 7) A proceeding shall be commenced and conducted in accordance with the practices and procedures of the Tribunal.

8( 5) The Act is amended by adding after section 38 the following:

Practices and procedures of Tribunal

38.1( 1) The chair of the Tribunal may, after consultation in accordance with the regulations, establish the practices and procedures of the Tribunal.

38.1( 2) For greater certainty, the requirements of section 60 do not apply to the practices and procedures of the Tribunal.

Failure to comply with Tribunal’s practices and procedures

38.2 The Tribunal may proceed with a matter despite the failure of a party to comply with the Tribunal’s practices and procedures or an order of the Tribunal.

Transitional

38.3 Any rule made by the Commission governing the practices and procedures of the Tribunal under paragraph 59(3)(a) and in effect immediately before the commencement of this section shall be deemed to be made under subsection 38.1(1).

8( 6) Section 39 of the Act is amended by adding after subsection (1) the following:

39( 1.1) Despite subsection (1), the chair of the Tribunal may assign one person from among the members of the Tribunal to sit as a hearing panel of the Tribunal and may direct the hearing panel to hold any hearing in relation to procedural motions or settlements that the Tribunal itself could hold under financial and consumer services legislation.

8( 7) Section 40 of the Act is amended

( a) in paragraph (3)(b) by striking out “as a result of a hearing”;

( b) by repealing subsection (5);

( c) by repealing subsection (6);

( d) by repealing subsection (7).

8( 8) Section 44 of the Act is amended

( a) in subsection (1) in the portion preceding paragraph (a) by striking out “set out in the rules of the Commission” and substituting “prescribed by regulation”.

( b) in subsection (2) by striking out “set out in the rules of the Commission” and substituting “prescribed by regulation”.

8( 9) Subsection 59(3) of the Act is repealed.

8( 10) Subsection 63(1) of the Act is amended by adding after paragraph (d) the following:

( d.1) providing a consultation process for the development of, or material amendments to, the practices and procedures of the Tribunal;

( d.2) prescribing the hearing and investigation costs for the purposes of section 44;

Insurance Act

9( 1) Section 12 of the Insurance Act, chapter I-12 of the Revised Statutes, 1973, is repealed and the following is substituted:

Duties respecting licences

12( 1) An applicant for a licence may appeal to the Tribunal a decision of the Superintendent to refuse to issue a licence within 30 days after the date of the decision.

9( 2) Section 18 of the Act is amended

( a) in subsection (8) by striking out “may appeal” and substituting “may, within 30 days after the date of the ruling, appeal”;

( b) by adding after subsection (8) the following:

18( 9) Despite subsection (8), the Tribunal may extend the period for appealing a ruling, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9( 3) Section 70.1 of the Act is amended

( a) in subsection (3) by adding “within 30 days after the date of the decision” after “deposit”;

( b) by adding after subsection (3) the following:

70.1( 3.1) Despite subsection (3), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9( 4) Section 282 of the Act is amended

( a) in subsection (3) by adding “within 30 days after the date of the decision,” after “the decision to the Tribunal,”;

( b) by adding after subsection (3) the following:

282( 3.1) Despite subsection (3), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9( 5) Section 352 of the Act is amended

( a) in subsection (9.01) by adding “within 30 days after the date of the decision” after “Tribunal”;

( b) in subsection (9.2) by adding “within 30 days after the date of the decision” after “Tribunal”;

( c) by adding after subsection (9.2) the following:

352( 9.3) Despite subsections (9.01) and (9.2), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9( 6) Section 354 of the Act is amended

( a) in subsection (7) by adding “within 30 days after the date of the decision” after “Tribunal”;

( b) by adding after subsection (7) the following:

354( 7.1) Despite subsection (7), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9( 7) Section 358 of the Act is amended

( a) by repealing subsection (3.1) and substituting the following:

358( 3.1) A decision of the Superintendent under this section may be appealed to the Tribunal within 30 days after the date of the decision.

( b) by adding after subsection (3.1) the following:

358( 3.2) Despite subsection (3.1), the Tribunal may extend the period for appealing a decision under this section, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9( 8) Section 358.1 of the Act is amended

( a) in subsection (5.1) by adding “within 30 days after the date of the decision” after “Tribunal”;

( b) by adding after subsection (5.1) the following:

358.1( 5.2) Despite subsection (5.1), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9( 9) Section 359 of the Act is amended

( a) in subsection (2.2) by adding “within 30 days after the date of the decision” after “Tribunal”;

( b) by adding after subsection (2.2) the following:

359( 2.3) Despite subsection (2.2), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9( 10) Section 360 of the Act is amended

( a) in subsection (5.1) by adding “within 30 days after the date of the decision” after “Tribunal”;

( b) by adding after subsection (5.1) the following:

360( 5.2) Despite subsection (5.1), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9( 11) Section 369.4 of the Act is amended

( a) in subsection (4) by adding “within 30 days after the date of the decision” after “Tribunal”;

( b) by adding after subsection (4) the following:

369.4( 5) Despite subsection (4), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Loan and Trust Companies Act

10 Section 235.1 of the Loan and Trust Companies Act, chapter L-11.2 of the Acts of New Brunswick, 1987, is amended

( a) in subsection (2) by striking out “within 15 days after its receipt” and substituting “within 30 days after the date of the decision, order, approval or consent”;

( b) by adding after subsection (2) the following:

235.1( 2.1) Despite subsection (2), the Tribunal may extend the period for appealing a decision, order, approval or consent, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Mortgage Brokers Act

11( 1) The heading “PART 12 REVIEWS AND REFERRALS” following section 80 of the Mortgage Brokers Act, chapter 41 of the Acts of New Brunswick, 2014, is amended by striking out “REVIEWS” and substituting “APPEALS”.

11( 2) The heading “Review of decision” preceding section 81 of the Act is amended by striking out “Review” and substituting “Appeal”.

11( 3) The Act is amended by repealing section 81 and substituting the following:

81( 1) A person directly affected by a decision of the Director may appeal the decision to the Tribunal within 30 days of the date of the decision.

81( 2) Despite subsection (1), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

81( 3) The Director is a party to an appeal of a decision of the Director under this section.

81( 4) The Tribunal may, by order, confirm, vary or rescind the whole or any part of the decision under appeal or make any other decision that the Tribunal considers proper.

81( 5) Despite the fact that an appeal is held under this section, the decision under appeal takes effect immediately, but the Tribunal may grant a stay of the decision until the disposition of the appeal.

Pension Benefits Act

12( 1) Subsection 73(1) of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is amended by striking out “within 20 days after the order is served or within 20 days after the day notice of the Superintendent’s decision is mailed” and substituting “within 30 days after the date of the order or decision”.

12( 2) Subsection 73.1(5) of the Act is amended by striking out “the rules made by the Financial and Consumer Services Commission governing”.

Pre-arranged Funeral Services Act

13 Section 28.1 of the Pre-arranged Funeral Services Act, chapter 109 of the Revised Statutes, 2012, is repealed and the following is substituted:

Appeal

28.1( 1) A person directly affected by any of the following decisions of the Director may appeal the decision to the Tribunal:

( a) the refusal to issue a funeral provider’s licence for a reason other than that referred to in subsection 5(3) or (4);

( b) the imposition of a term or condition under subsection 5(5) or 6(5);

( c) the refusal to issue a manager’s licence for a reason other than that referred to in subsection 6(4);

( d) the issuance of or the refusal to issue a direction under subsection 15(3);

( e) the making of or the refusal to make an order under subsection 15(4);

( f) the imposition of a restriction or prohibition under subsection 19(2);

( g) the suspension or cancellation of a funeral provider’s licence under subsection 28(1) or of a manager’s licence under subsection 28(2).

28.1( 2) An appeal under subsection (1) shall be made within 30 days after the date of the decision.

28.1( 3) Despite subsection (2), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Real Estate Agents Act

14( 1) Section 10 of the Real Estate Agents Act, chapter 215 of the Revised Statutes, 2011, is amended

( a) in subsection (6) by adding “within 30 days after the date of the decision” after “Tribunal”;

( b) by adding after subsection (6) the following:

10( 6.1) Despite subsection (6), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

14( 2) Section 22 of the Act is amended

( a) in subsection (5) by adding “within 30 days after the date of the decision” after “Tribunal”;

( b) by adding after subsection (5) the following:

10( 5.1) Despite subsection (5), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Securities Act

15( 1) Subsection 44(1) of the Securities Act, chapter S-5.5 of the Acts of New Brunswick, 2004, is amended

( a) by striking out “direction.” and substituting “direction within 30 days after the date of the decision, ruling, order or direction.”;

( b) by adding after subsection (1) the following

44( 1.1) Despite subsection (1), the Tribunal may extend the period under subsection (1), before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

15( 2) Section 193 of the Act is amended

( a) by repealing subsection (1) and substituting the following:

193( 1) Within 30 days after the date of a decision of the Executive Director, a person directly affected by the decision may request, and is entitled to, a hearing and review of the decision by the Tribunal.

( b) by adding after subsection (1) the following:

193( 1.1) Despite subsection (1), the Tribunal may extend the period under subsection (1), before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

Commencement

16 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.