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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Financial Institutions Act

[RSBC 1996] CHAPTER 141

Part 7 — Administration of the Regulation of Financial Institutions

Division 1 — Financial Institutions Commission

Financial Institutions Commission

201  (1) The Financial Institutions Commission is established and must exercise the powers and carry out the duties of the commission under this Act.

(2) Subject to subsections (3) and (4), the commission may delegate a power or duty given to it under this Act, the Credit Union Incorporation Act or the Society Act to the superintendent appointed under section 207.

(3) The commission must not delegate

(a) the following powers:

(i)   the giving of consent to incorporation of a trust company or insurance company under section 13;

(ii)   the giving of consent to continuation of an extraprovincial insurance corporation or extraprovincial trust corporation under section 18;

(iii)   the giving of consent to the continuation of a trust company or an insurance company under section 19;

(iv)   the giving of consent to an amalgamation referred to in section 20;

(v)   the giving of consent to an arrangement, an acquisition or a disposition by a trust company or an insurance company under section 21;

(vi)   the making of an order that a trust company or insurance company be liquidated and dissolved under section 26;

(vii)   the appointment of a special examiner under section 214;

(viii)   the making of an order to appoint a person as an administrator of a central credit union under section 248;

(ix)   the making of an order requiring a financial institution to cease carrying on business under section 249 (1) (i) or revoking a financial institution's business authorization under section 249 (1) (j);

(x)   the ability to apply for appointment of a receiver or receiver manager of a trust company or insurance company under section 251,

(b) a power or duty under Part 9, other than a power or duty under section 275, 277, 277.1 or 277.2, or

(c) the following powers under the following sections of the Credit Union Incorporation Act:

(i)   the giving of consent to incorporation of a credit union under section 11;

(ii)   the giving of consent to continuation of an extraprovincial credit union under section 15.1;

(iii)   the giving of consent to transfer of incorporation of a credit union under section 15.2;

(iv)   the giving of consent to a proposed asset transfer agreement under section 16;

(v)   the giving of consent to an amalgamation under section 20;

(vi)   the appointment of a liquidator under section 26;

(vii)   the making of an order that a credit union be wound up under section 38;

(viii)   the ability to permit variations in the incorporation of a credit union under section 85.

(4) A delegation of a power or duty of the commission under this section must be in writing and may include terms or conditions the commission considers advisable, including limits on delegation by the superintendent under section 207 (2) of this Act of a power or duty delegated by the commission.

(5) A delegation under this section is revocable and does not prevent the commission from exercising a delegated power.

(6) A person purporting to exercise a power of the commission by virtue of a delegation under this section must, when requested to do so, produce evidence of his or her authority to exercise the power.

(7) The commission must not delegate its power to delegate under this section.

(8) Unless confirmed or varied by the commission within 21 days after it is made, an order of the superintendent made under section 275 or 277 in exercise of a power delegated under this section ceases to have effect at the end of that 21-day period.

Constitution of commission

202  (1) The commission consists of at least 2 but not more than 11 members, as follows:

(a) one member appointed by the Lieutenant Governor in Council as the chair after a merit based process;

(b) the deputy minister;

(c) other members, if any, appointed by the Lieutenant Governor in Council after a merit based process and consultation with the chair.

(2) The Lieutenant Governor in Council may designate one member of the commission to be vice chair after consultation with the chair.

(3) The deputy minister in writing may designate an individual, by name or position, to act in the place of the deputy minister at

(a) all meetings or hearings of the commission or of a panel of the commission, or

(b) one or more meetings or hearings, identified in the written designation, of the commission or of a panel of the commission,

and, for the purpose of so acting, the individual designated may exercise the powers and perform the duties of a member.

(4) [Repealed 2003-47-27.]

(5) An order of the Lieutenant Governor in Council appointing a member of the commission other than the chair may provide that the member's participation as a member of the commission is limited to specified matters or classes of matters within the jurisdiction of the commission; and a member whose participation is limited by an order under this section may participate as a member only as limited by the order.

(6) [Repealed 2003-47-27.]

(7) If the chair is absent or incapable of acting, the powers of the chair may only be exercised

(a) by the vice chair, or

(b) if there is no vice chair, or if the vice chair is absent or incapable of acting, by the deputy minister or by the person designated under subsection (3) by the deputy minister, as the case may be.

Application of Administrative Tribunals Act

202.1  Sections 1 to 3, 5 to 8 and 10 of the Administrative Tribunals Act apply to the commission.

Panels

203  (1) The chair may

(a) establish one or more panels of the commission consisting of one or more members of the commission, and

(b) appoint the members of the panel.

(2) The chair may refer a matter

(a) that is before the commission to a panel, or

(b) that is before a panel to the commission or to another panel.

(3) In a matter referred to a panel by the chair, a panel has the jurisdiction of the commission and may exercise the powers and perform the duties of the commission.

Commission is subject to direction

204  In a manner consistent with its responsibilities under this Act, the commission must comply with policy directions issued by the minister with respect to the exercise of its powers and the performance of its duties under this Act.

Staff

205  Employees required for the exercise of the powers and the performance of the duties of the commission must be appointed under the Public Service Act, and the superintendent may determine their duties.

Requirement to insure

206  (1) The commission by order may require a credit union to

(a) carry insurance satisfactory to and against all risks designated by the commission on all directors, committee members, officers and employees of the credit union and its subsidiaries, and

(b) insure the credit union and its assets against all other risks designated by the commission.

(2) A credit union must maintain insurance required by and in a manner satisfactory to the commission.

(3) A credit union and every director, committee member, officer and employee of a credit union must supply the commission any information requested by the commission pertaining to a director, officer, committee member or employee in connection with any insurance required under this section.

Superintendent of Financial Institutions

207  (1) The Lieutenant Governor in Council may, after consultation with the chair of the commission, appoint an individual as the Superintendent of Financial Institutions.

(2) The superintendent

(a) may exercise the powers and must perform the duties vested in or imposed on the superintendent under this Act and the Credit Union Incorporation Act, and

(b) subject to a limit under section 201 (4), may, in writing and with or without terms or conditions, delegate a power or duty delegated to the superintendent by the commission, to an officer, employee or agent of the commission and

section 201 (5) and (6) applies to a delegation under this section, except the reference to "the commission" must be read as a reference to "the superintendent".

(3) The superintendent must comply with the policy directives given by the commission.

(4) Subject to subsection (1), the superintendent is an employee as defined in the Public Service Act.

Power to require undertakings and make agreements

208  In the administration and enforcement of this Act, the commission or the superintendent may

(a) require and receive written undertakings, and

(b) enter into written agreements.

Capacity outside British Columbia

209  For the purposes of the administration and enforcement of this Act and the regulations, the following persons may act outside British Columbia as if acting inside it:

(a) the superintendent;

(b) investigators, examiners or other persons

(i)   acting under the direction of the superintendent under section 165 or 212,

(ii)   appointed by the commission under section 214, or

(iii)   appointed by the superintendent under section 215.

Examinations, audits, inspections

210  (1) It is a condition of every business authorization that the financial institution that has it must facilitate examinations, audits and inspections under this Act.

(2) For the purpose of an examination, audit or inspection under this Act,

(a) a financial institution and its subsidiary must prepare and submit to the person conducting the examination, audit or inspection the statements or returns with respect to its business, finances or other affairs that the superintendent requires, and

(b) the officers, agents and employees of the financial institution and its subsidiary must cause its books to be open for inspection and must otherwise facilitate the examination, audit or inspection.

(3) In order to facilitate an examination, audit or inspection of the books and records of a financial institution, the superintendent may require the financial institution and its subsidiary to produce the books and records at the principal place of business, or at another place the superintendent may direct.

(4) If an examination, audit or inspection of a financial institution or a subsidiary is made at an office outside British Columbia, the financial institution, if the superintendent so directs, must pay the costs and expenses in connection with the examination, audit or inspection.

Superintendent may require information

211  The superintendent may,

(a) for the purposes of administering this Act, or

(b) on the request of a financial regulatory authority in another Canadian jurisdiction, for the purposes of assisting in the administration of the laws of that jurisdiction regulating deposit business, insurance business or trust business,

order a financial institution to provide information or to produce records specified or otherwise described in the order within the time or at the intervals specified in the order.

Requirement for notice of action outside British Columbia

211.1  A credit union, an insurance company or a trust company must inform the superintendent immediately in writing if

(a) the credit union, insurance company or trust company has been convicted of an offence in Canada or another jurisdiction arising from a transaction, business or course of conduct related to financial services, or

(b) the credit union, insurance company or trust company has been found by a regulator in Canada or another jurisdiction to have contravened the laws of that jurisdiction respecting financial services.

Examination

212  (1) The superintendent must periodically conduct an examination or appoint a person acting under the superintendent's direction to conduct an examination of the condition and affairs of every financial institution.

(2) On the examination required under this section, the superintendent or other person must make reasonable inquiries respecting

(a) the financial institution's condition and ability to meet its obligations as and when they become due,

(b) the adequacy of the financial institution's business and financial practices and of its management procedures and standards, and

(c) compliance with

(i)   any order made under this Act or the Credit Union Incorporation Act,

(ii)   a condition under which a consent under this Act or the Credit Union Incorporation Act is given, or

(iii)   a condition of its business authorization.

(3) The superintendent or other person may conduct the examination required by this section at the principal place of business and at any office of the financial institution or of any affiliate of the financial institution.

Inquiries

213  (1) The superintendent may address a written inquiry to a financial institution or its subsidiary or to any officer of the financial institution or its subsidiary or to the agent of either of them

(a) for the purpose of ascertaining the condition and ability of the financial institution or its subsidiary to meet its obligations when they become due,

(b) as to the conduct of the business of the financial institution or its subsidiary, or

(c) as to complaints made by insureds, depositors or borrowers of the financial institution or by persons for whom the financial institution or its subsidiary acts in a fiduciary capacity or other interested parties,

and the financial institution, subsidiary, officer or agent so addressed must reply promptly in writing with information or records that the superintendent requests.

(2) If the superintendent makes an inquiry under subsection (1), the superintendent may require the financial institution or its subsidiary to

(a) deliver to each director of the financial institution or the subsidiary a copy of the inquiry and of the reply to the inquiry, and

(b) include a copy of the inquiry and of the reply in the minutes of the next meeting of the directors of the financial institution or of the subsidiary.

Special examination

214  (1) By the commission's own motion or on a written application by an interested party, the commission may appoint a person as a special examiner to make a special inspection, examination and audit of a financial institution's books, accounts and securities, and to inquire generally into the conduct of its business.

(2) An application under subsection (1) must be supported by evidence the commission requires for the purpose of showing that there is good reason for requiring the special inspection, examination and audit to be made and that it is not frivolous, vexatious or prompted by malice.

(3) The commission may require an applicant under subsection (1) to give security for the payment of the costs of the special inspection, examination and audit before appointing the special examiner.

(4) On the conclusion of the special inspection, examination and audit, the special examiner must report in writing to the commission.

(5) On the conclusion of a special inspection, examination and audit, the commission may order the financial institution or the party requesting the special inspection, examination and audit to pay the costs of the special inspection, examination and audit.

Investigation

215  (1) If the superintendent considers it necessary or desirable to establish whether there is or has been compliance by any person with the provisions of this Act or the regulations, the superintendent by order may appoint a person to make an investigation the superintendent considers expedient for the due administration and enforcement of this Act and in the order must direct the scope of the investigation.

(2) For the purpose of an investigation ordered under this section, the person appointed to make the investigation may investigate, inquire into and examine

(a) the affairs of the person in respect of whom the investigation is being made and records, communications, negotiations, transactions, investigations, loans, borrowings and payments to, by, on behalf of, in relation to or connected with the person and property, assets or things owned, acquired or alienated in whole or in part by the person, or by any person acting on behalf of or as agent for the person, and

(b) the assets at any time held, the liabilities, debts, undertakings and obligations at any time existing, the financial or other conditions at any time prevailing in, or in relation to or in connection with the person and the relationship that may at any time exist or have existed between the person and any other person because of investments, purchases, commissions promised, secured or paid, interests held or acquired, purchase or sale of security instruments or other property, the transfer, negotiation or holding of security instruments, interlocking directorates, common control, undue influence or control or any other relationship.

(3) If an investigation is ordered under this section, the superintendent may also appoint an accountant or other expert to examine records and things of the person whose affairs are being investigated.

(4) Every person appointed under subsection (1) or (3) must provide the superintendent with a full and complete report of the investigation including any transcript of evidence and material in that person's possession relating to the investigation.

Extrajurisdictional evidence

215.1  (1) On an application made by the commission, if it appears to the Supreme Court that a person outside British Columbia may have evidence that may be relevant to

(a) an investigation ordered by the superintendent under section 215, or

(b) a hearing required or permitted under this Act,

the Supreme Court may issue a letter of request directed to the judicial authority of the jurisdiction in which the person to be examined is believed to be located.

(2) The letter of request referred to in subsection (1) must

(a) be signed by the judge hearing the application or another judge of the Supreme Court, and

(b) be provided to the commission for disposition under subsection (5).

(3) A letter of request issued under subsection (1) may request the judicial authority to which it is directed to

(a) order the person referred to in the letter of request to be examined under oath in the manner, at the place and by the date referred to in the letter of request,

(b) order, in the case of an examination for the purposes of a hearing referred to in subsection (1) (b), that a person who is a party to the hearing is entitled to

(i)   be present or represented by counsel during the examination, and

(ii)   examine the person referred to in paragraph (a) of this subsection,

(c) appoint a person as the examiner to conduct the examination,

(d) order the person to be examined to produce at the examination the records and things or classes of records and things specified in the letter of request,

(e) direct that the evidence obtained by the examination be recorded and certified in the manner specified by the letter of request, and

(f) take any further or other action that the Supreme Court considers appropriate.

(4) The failure of the person entitled under subsection (3) (b) to be present or represented by counsel during the examination or to examine the person referred to in subsection (3) (a) does not prevent the commission from reading in the evidence at the hearing if the examination has otherwise been conducted in accordance with the order made under that subsection.

(5) The commission must send the letter of request,

(a) if the examination is to be held in Canada, to the Deputy Attorney General for British Columbia, or

(b) if the examination is to be held outside Canada, to the Under Secretary of State for External Affairs of Canada.

(6) The letter of request must have attached to it

(a) any interrogatories to be put to the person to be examined,

(b) if known, a list of the names, addresses and telephone numbers, both in British Columbia and in the other jurisdiction, of

(i)   the solicitors or agents of the commission,

(ii)   the person to be examined, and

(iii)   if applicable, the person entitled under subsection (3) (b) to be present or represented by counsel during the examination and to examine the person referred to in subsection (3) (a),

and

(c) a translation of the letter of request and any interrogatories into the appropriate official language of the jurisdiction where the examination is to take place, along with a certificate of the translator, bearing the full name and address of the translator, that the translation is a true and complete translation.

(7) The commission must file with the Under Secretary of State for External Affairs of Canada or with the Deputy Attorney General of British Columbia, as the case may be, an undertaking to be responsible for all of the charges and expenses incurred by the Under Secretary or the Deputy Attorney General, as the case may be, in respect of the letter of request and to pay them on receiving notification of the amount.

(8) This section does not limit any power the commission may have to obtain evidence outside British Columbia by any other means.

(9) The making of an order by a judicial authority referred to in subsection (1) in accordance with a letter of request issued under that subsection does not determine whether evidence obtained under the order is admissible in evidence in a hearing before the commission.

(10) Unless otherwise provided by this section, the practice and procedure in connection with appointing a person, conducting an examination and certifying and returning the appointment under this section are, as far as possible, the same as those that govern similar matters in civil proceedings in the Supreme Court.

Extrajurisdictional request for evidence

215.2  (1) In this section, "qualifying letter of request" means a letter of request that

(a) is issued by a court or tribunal of competent jurisdiction in a jurisdiction other than British Columbia,

(b) is issued on behalf of the body that is, in the jurisdiction from which the letter is issued, empowered by the laws of that jurisdiction to administer or regulate deposit business, insurance business or trust business in that jurisdiction,

(c) is issued in relation to

(i)   a matter under investigation by the body referred to in paragraph (b), or

(ii)   a matter that is the subject of a hearing before the body referred to in paragraph (b), and

(d) requests that evidence in relation to a matter referred to in paragraph (c) be obtained from a person believed to be located in British Columbia.

(2) On receipt of a qualifying letter of request, the Supreme Court may make the order it considers appropriate and may, without limitation,

(a) order that the person referred to in subsection (1) (d) be examined under oath in the manner, at the place and by the date requested by the foreign court or tribunal,

(b) order, in the case of an examination for the purposes of a hearing referred to in subsection (1) (c) (ii), that a person who is a party to the hearing is entitled to

(i)   be present or represented by counsel during the examination, and

(ii)   examine the person referred to in paragraph (a) of this subsection,

(c) appoint a person as the examiner to conduct the examination,

(d) order that the person referred to in subsection (1) (d) produce at the examination any records and things or classes of records and things specified in the request,

(e) direct that the evidence obtained by the examination be recorded and certified in the manner requested, and

(f) make any further or other order that the Supreme Court considers appropriate.

(3) An order under subsection (2) may be enforced in the same manner as if the order were made in or in respect of a proceeding brought in the Supreme Court and, if the person referred to in subsection (1) (d) fails without lawful excuse to comply with the order, the person is in contempt of the Supreme Court and is subject to the penalty that the Supreme Court imposes.

(4) A person ordered to give evidence under subsection (2) has the same rights

(a) to receive conduct money or any other money that the person would have had if the examination were held in relation to a proceeding in the Supreme Court, and

(b) to refuse to answer questions and produce records and things or classes of records and things that the person would have in a proceeding in the Supreme Court.

(5) The person appointed by the Supreme Court as the examiner has the authority to administer an oath or affirmation to the person to be examined.

(6) Unless otherwise provided in this section, the practice and procedure in connection with appointing a person, conducting an examination and certifying and returning the appointment under this section are, as far as possible, the same as those that govern similar matters in civil proceedings in the Supreme Court.

Immunities, witnesses on a special examination or on an investigation

216  (1) No action for damages because of anything done or omitted to be done in good faith

(a) in the performance or purported performance of any duty, or

(b) in the exercise or purported exercise of any power

under this Act may be brought against a special examiner appointed under section 214, a person appointed to make an investigation under section 215 (1) or (3) or a person acting under the authority of either of them.

(2) A special examiner appointed under section 214 and a person appointed to make an investigation under section 215 (1) have the same power

(a) to summon and enforce the attendance of witnesses,

(b) to compel witnesses to give evidence on oath or in any other manner, and

(c) to compel witnesses to produce records and things,

the Supreme Court has for the trial of civil actions, and the failure or refusal of a person

(d) to attend,

(e) to take an oath,

(f) to answer questions, or

(g) to produce the records or things in that person's custody or possession,

makes that person, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Section 34 (5) of the Evidence Act does not apply for the purposes of

(a) a special inspection, examination and audit under section 214, or

(b) an investigation under section 215.

(4) A person giving evidence

(a) on a special inspection, examination and audit under section 214, or

(b) on an investigation under section 215,

may be represented by counsel.

Extension of time

217  (1) On application, the commission or the superintendent, as appropriate under the applicable provision, may extend the time under this Act within which any return or other record must be filed with, or delivered or submitted to, the commission or superintendent, as the case may be.

(2) The power to extend time under subsection (1) may be exercised before or after the time limit provided under the Act has expired.

Confidential information

218  An individual or entity who, under this Act, obtains

(a) information, or

(b) records

that are submitted in accordance with a request that is made or an obligation that is imposed under this Act must not disclose the information or records to any individual or entity other than for the purposes of administering this Act and the regulations, for the purposes of a prosecution or if required by law.

Agreements with other jurisdictions

219  Subject to the approval of the Lieutenant Governor in Council, the minister may enter into agreements with the government of Canada, a province or another authority respecting the administration and enforcement of this Act or of comparable legislation of Canada or of another province and, without restricting the generality of this and despite section 218, the agreement may provide for the provision and exchange of information.

Division 2 — Insurance Council of British Columbia

Collecting and sharing information respecting financial institutions

219.1  (1) For the purposes of administering this Act or assisting in the administration of the laws of another jurisdiction regulating deposit business, insurance business or trust business, the superintendent or a person described in section 209 (b) may, directly or indirectly, collect information from, and use information collected from,

(a) the Insurance Council of British Columbia, the deposit insurance corporation, an insurance compensation plan prescribed for the purposes of section 66 (2) or any entity that insures deposits of an extraprovincial trust corporation or an extraprovincial credit union in Canada,

(b) a financial institution or extraprovincial corporation or the auditor or actuary of a financial institution or extraprovincial corporation,

(c) a person licensed under Division 2, or issued a permit under Division 3, of Part 6,

(d) a society referred to in section 191, or

(e) a law enforcement agency, government, governmental authority or financial services regulatory authority,

in British Columbia or elsewhere.

(2) For the purposes of administering this Act or assisting in the administration of the laws of another jurisdiction regulating deposit business, insurance business or trust business, the superintendent may, despite section 218, disclose information to, or share information with,

(a) the Insurance Council of British Columbia, the deposit insurance corporation, an insurance compensation plan in Canada prescribed for the purposes of section 66 (2) or any entity in Canada that insures deposits of an extraprovincial trust corporation or an extraprovincial credit union,

(b) the auditor or actuary of a financial institution,

(c) a law enforcement agency, government, governmental authority, financial regulatory authority or securities regulatory authority in British Columbia, or

(d) a law enforcement agency, government, governmental authority or financial services regulatory authority in another jurisdiction in Canada with which the superintendent has entered into an arrangement or agreement that relates to or includes the sharing of information.

Establishment of the Insurance Council of British Columbia

220  (1) The Insurance Council of British Columbia, established by regulation under the Insurance Act, R.S.B.C. 1979, c. 200, by this subsection,

(a) despite the repeal of section 357 (2) of that Act by this Act, is continued, and

(b) is constituted as a corporation under the name "Insurance Council of British Columbia".

(2) The council consists of 11 voting members appointed under subsection (3) by the Lieutenant Governor in Council and an unlimited number of non-voting members whom the minister may appoint.

(3) The Lieutenant Governor in Council must appoint the 11 voting members of whom

(a) 2 must be officers or employees of insurers authorized in respect of life insurance business,

(b) 2 must be officers or employees of insurers authorized in respect of general insurance business,

(c) 2 must be agents licensed in respect of life insurance,

(d) 2 must be agents or salespersons licensed in respect of at least one class of general insurance,

(e) one must be a licensed insurance adjuster, and

(f) 2 must be individuals who need not be licensed under this Act and who are to be members at large.

(4) Different voting members of the council may be appointed for terms of office that may vary from member to member, each not exceeding 3 years.

(5) An individual who is or has been a voting member of the council is eligible for reappointment or appointment as a voting member for successive or additional terms, but is not eligible to be a voting member for more than 6 years altogether.

(6) The minister may appoint an unlimited number of non-voting members of the council for terms of office that may vary from member to member.

(7) The voting members of the council, from among the voting members, must elect a chair of the council to hold office for a single term of one year.

(8) The members of the council may be paid remuneration for their services in amounts or on a basis established by the Lieutenant Governor in Council.

(9) The members of the council may be reimbursed for their out of pocket expenses in the performance of their duties.

Alternates

221  (1) If a voting member of the council is unable to attend personally any meeting of the council, the voting member, by writing to the chair of the council, may nominate a person who is

(a) licensed as an agent, salesperson or adjuster, is an officer or employee of a licensed insurer or is an individual described in section 220 (3) (f), and

(b) of the same representative character as the voting member.

(2) A person nominated under subsection (1) may act in the voting member's place at the meeting and, for the purpose of the meeting, has the same duties and powers, including the power to vote, as the voting member who is unable to attend the meeting.

Executive director

222  (1) The council must employ an executive director who holds office during the pleasure of the council.

(2) The executive director must

(a) keep minutes of all the proceedings of the council,

(b) conduct all the correspondence of the council,

(c) make preliminary investigations and obtain information respecting matters the council determines, and

(d) perform other duties assigned by the council.

Committees

223  (1) The council may delegate any duty of the council to hold a hearing that is required under this Act to one or more committees composed of 3 or more members of the council.

(2) A member of the council must not participate in a hearing on any matter in which the member has an interest.

(3) The chair of a committee referred to in subsection (1) must be a voting member of the council.

(4) If the council delegates the duty to hold a hearing to a committee under subsection (1), the committee must hold the hearing and make a written report of the hearing to the council, and after receiving and considering the report the council may decide on the matter that was the subject of the hearing.

Voting

224  Questions arising at a meeting of the council must be decided by a majority of votes cast by its voting members present at the meeting.

Meetings

225  (1) The council must hold a meeting of its voting members at least once in every calendar month and not more than 5 weeks after the last meeting.

(2) The executive director, at the request of the chair or any 2 voting members of the council, must summon a special meeting of the council.

(3) Five days' notice of a special meeting must be given to all voting members.

(4) If a non-voting member of the council serves on a committee that conducts a hearing with respect to a matter that is discussed at a meeting of the voting members of the council, the non-voting member may attend the meeting for the purpose of participating in the discussion of that matter.

(5) Subject to section 221, a non-voting member who attends a meeting under subsection (4) must not vote on council business.

Rules of council

225.1  (1) The council may make rules for the purposes of licensing and regulating the conduct of insurance agents, insurance salespersons, insurance adjusters and employed insurance adjusters.

(2) Without limiting subsection (1) but subject to section 225.2, the council may make rules as follows:

(a) respecting applications for, and issuance and transfer of, licences to insurance agents, insurance salespersons, insurance adjusters and employed insurance adjusters;

(b) providing for the supervision of

(i)   salespersons by insurance agents, and

(ii)   employed insurance adjusters by insurance adjusters;

(c) respecting nominees for insurance agents, insurance adjusters, partnerships or corporations and the requirements of nominees;

(d) respecting the education, experience or other qualifications of applicants for a licence, including rules conferring the discretion to determine equivalent education, experience or qualifications;

(e) imposing terms, conditions or restrictions on a licence or licensee, or varying those terms, conditions or restrictions;

(f) respecting or adopting a continuing professional education program that is required of licensees;

(g) establishing codes or standards for the conduct of licensees or incorporating or adopting by reference, in whole or in part and with any changes the council considers appropriate, provincial, national or international association codes, standards or rules for the conduct of licensees;

(h) establishing the criteria to be applied and the procedures to be followed by the council or a committee of the council respecting hearings and suspension, cancellation or restriction of licences and the imposition of fines;

(i) providing for circumstances in which a licence is automatically suspended and invalid and procedures for reinstatement of the licence;

(j) for the purpose of funding the council's expenses, establishing a maximum amount of fees to be collected

(i)   from applicants and licensees for

(A)  applications for a licence,

(B)  the amendment, transfer or reinstatement of a licence, and

(C)  the annual fee for a licence, and

(ii)   for services performed by the council.

(3) If the council imposes terms, conditions or restrictions under subsection (2) (e), the council may also deem the terms, conditions or restrictions to be part of every licence or every licence of a class of licences, whether issued before or after the imposition of the term, condition or restriction.

(4) A code, standard or rule referred to in subsection (2) (g) may be adopted as amended from time to time.

(4.1) If the council makes a rule under subsection (2) (j) establishing a maximum amount of a fee, the council may, for the purpose of funding its expenses but subject to the maximum amount in the rule, set the fee by order.

(5) In making a rule, the council may

(a) make different rules for different classes of licences, applicants or licensees, or

(b) exempt an applicant or licensee or a class of applicants or licensees from one or more of the rules made under this section.

(6) The Lieutenant Governor in Council may, by regulation, make a rule or repeal or amend a rule made by the council under this section and the regulation is deemed to be a rule made by the council.

Procedures for and availability of rules

225.2  (1) Before making, amending or repealing a rule under section 225.1, the council must obtain the consent of the minister in accordance with the regulations and comply with any other prescribed procedures and requirements.

(2) The Regulations Act does not apply to a rule made by the council under section 225.1.

(3) The council must publish a copy of its rules in accordance with the regulations.

Regulation prevails over council rule

225.3  If a rule made by the council conflicts with a regulation made by the Lieutenant Governor in Council under section 225.1 (6), the regulation prevails.

Administrative policies

226  (1) The commission may require the council to establish written administrative policies and procedures for exercising its powers and performing its duties under this Act.

(2) The council must submit written administrative policies and procedures prepared under subsection (1) to the commission.

(3) If the commission has required the council to establish written administrative policies and procedures under subsection (1), the council must not implement them without first receiving the commission's consent.

Duties of council

227  In addition to any other duties given to it under this Act, the council

(a) may, and on request must, tender advice to the superintendent on insurance matters,

(b) must maintain proper records respecting council business, on any matter before the council or any decision made by the council including

(i)   a copy of every licence issued by the council under this Act,

(ii)   a record of every decision made by the council under this Act concerning the issue, amendment, suspension, cancellation or transfer of a licence including the reasons for the decision if required,

(iii)   records of appeals heard by the Commercial Appeals Commission and the tribunal from decisions of the council,

(iv)   copies of approvals required under the rules made by the council under section 225.1,

(v)   every application made to the council under this Act,

(vi)   minutes of all proceedings of the council,

(vii)   copies of all documents introduced as evidence at hearings, and

(viii)   any other records the superintendent may require,

(c) must permit the public to inspect at its office records required to be kept under paragraph (b) (i), (ii), (iii) or (iv), and

(d) must provide to the public on request and on payment of the prescribed fee a copy or extract of any of the council records required to be kept under paragraph (b) (i), (ii), (iii) or (iv).

Repealed

228–229  [Repealed 2004-48-95.]

Effect of a transfer of powers to superintendent

230  On and after the effective date specified in a regulation under section 290 and while the regulation remains in effect, a reference in sections 231 to 232.1 to the council, except if the reference is to rules made by the council, must be read as a reference to the superintendent.

Council may suspend, cancel or restrict licences and impose fines

231  (1) If, after due investigation, the council determines that the licensee or former licensee or any officer, director, employee, controlling shareholder, partner or nominee of the licensee or former licensee

(a) no longer meets a licensing requirement established by a rule made by the council or did not meet that requirement at the time the licence was issued, or at a later time,

(b) has breached or is in breach of a term, condition or restriction of the licence of the licensee,

(c) has made a material misstatement in the application for the licence of the licensee or in reply to an inquiry addressed under this Act to the licensee,

(d) has refused or neglected to make a prompt reply to an inquiry addressed to the licensee under this Act,

(e) has contravened section 79, 94 or 177, or

(e.1) has contravened a prescribed provision of the regulations,

then the council by order may do one or more of the following:

(f) reprimand the licensee or former licensee;

(g) suspend or cancel the licence of the licensee;

(h) attach conditions to the licence of the licensee or amend any conditions attached to the licence;

(i) in appropriate circumstances, amend the licence of the licensee by deleting the name of a nominee;

(j) require the licensee or former licensee to cease any specified activity related to the conduct of insurance business or to carry out any specified activity related to the conduct of insurance business;

(k) in respect of conduct described in paragraph (a), (b), (c), (d), (e) or (e.1), fine the licensee or former licensee an amount

(i)   not more than $20 000 in the case of a corporation, or

(ii)   not more than $10 000 in the case of an individual.

(2) A person whose licence is suspended or cancelled under this section must surrender the licence to the council immediately.

(3) If the council makes an order under subsection (1) (g) to suspend or cancel the licence of an insurance agent, or insurance adjuster, then the licences of any insurance salesperson employed by the insurance agent, and of any employees of the insurance adjuster are suspended without the necessity of the council taking any action.

(3.1) On application of the person whose licence is suspended under subsection (1) (g), the council may reinstate the licence if the deficiency that resulted in the suspension is remedied.

(4) If an insurance agent's licence or an insurance adjuster's licence is reinstated, the licences of any insurance salespersons or employees of the insurance adjuster who

(a) were employed by that agent or adjuster at the time of the suspension, and

(b) remain employees of that agent or adjuster at the time of reinstatement,

are also reinstated without the necessity of the council taking any action.

Investigation

232  (1) If the council considers it necessary or desirable

(a) to establish whether there is or has been compliance by a licensee or former licensee, or any officer, director, controlling shareholder, partner or nominee of the licensee or former licensee with the requirements of Division 2 of Part 6, of this Division, of the regulations or rules made by the council under section 225.1 or of the licence of the licensee or former licensee, or

(b) to ascertain any facts relevant to the exercise of the council's power under section 231,

the council may conduct an investigation or appoint a person acting under the council's direction to conduct an investigation.

(2) The council may determine the scope of an investigation it conducts under subsection (1) and may specify the scope of an investigation by a person it appoints to conduct an investigation under subsection (1).

Powers on investigation

232.1  (1) For the purposes of an investigation under section 232, the council or person appointed by the council to conduct the investigation, has the same power

(a) to summon and enforce the attendance of witnesses,

(b) to compel witnesses to give evidence on oath or in any other manner, and

(c) to compel witnesses to produce records and things and classes of records and things

as the Supreme Court has for the trial of civil actions.

(2) The failure or refusal of a witness

(a) to attend,

(b) to take an oath,

(c) to answer questions, or

(d) to produce the records and things or classes of records and things in the custody, possession or control of the witness

makes the witness, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Section 34 (5) of the Evidence Act does not apply to an investigation under section 232.

(4) A person giving evidence at an investigation conducted under section 232 may be represented by counsel.

Repealed

233–234  [Repealed 2004-48-99.]

Division 3 — Hearings and Appeals

Orders, consents and refusals to be in writing

235  (1) An order

(a) of the commission under section 26 (1) or (2), 31 (b), 48 (2), 58, 61 (2), 67 (2), 93, 99 (2), 107 (1), 109 (2), 117 (2), 124, 125, 137, 142 (2), 143, 144 (3), 193 (2), 197, 206, 214, 241.1, 244, 245, 247 to 249, 253.1 (8), 275, 276 (e), 277 or 285 (1),

(b) of the superintendent under section 124 (1), 211, 215 or 241.1, or

(c) of the council under section 231 (1) or 241.1

(d) [Repealed 2004-48-100.]

must be in writing.

(2) A consent or a refusal of a consent of the commission under section 10.1 (2) (b), 13 (1), 15, 16, 18 (1), 19 (1) (b), 20 (3), 21, 33, 50 (4), 67 (2.1) and (3), 69 (1), 99 (3), 141 (2) (c), 142 (1) (a), (b) or (c), 147, 226 (3) or 276 (c) must be in writing.

(2.1) A consent or a refusal of a consent of the superintendent under section 10.1 (2) (a) or 12 (3) must be in writing.

(3) A refusal of the commission to issue

(a) a business authorization, or

(b) a permit under section 187 (1)

must be in writing.

(4) A refusal of the council to issue a licence under Division 2 of Part 6 must be in writing.

(5) Written reasons must be given for

(a) an order referred to in section 237 (2) (a),

(b) a refusal of an order under section 245 (5) or 249 (7) (b),

(c) a refusal of a consent referred to in subsection (2) of this section, and

(d) a refusal to issue

(i)   a business authorization,

(ii)   a permit under section 187 (1), or

(iii)   a licence issued under Division 2 of Part 6.

Power to impose conditions

236  (1) The commission, superintendent or council, depending on which of them has the power to make the order, give the consent or issue the business authorization, permit or licence may

(a) impose conditions that the person considers necessary or desirable in respect of

(i)   an order referred to in section 235 (1),

(ii)   a consent referred to in section 235 (2),

(iii)   a business authorization,

(iv)   a permit issued under section 187 (1), or

(v)   a licence issued under Division 2 of Part 6, and

(b) remove or vary the conditions by own motion or on the application of a person affected by the order or consent, or of the holder of the business authorization, permit or licence.

(2) A condition imposed under subsection (1) is conclusively deemed to be part of the order, consent, business authorization, permit or licence in respect of which it is imposed, whether contained in or attached to it or contained in a separate document.

(3) Except

(a) on the written application or with the written permission of the holder, or

(b) in the circumstances described in section 164, 231 or 249 (1),

a power of the commission, superintendent or council under this Act to impose or vary conditions in respect of

(c) a business authorization is exercisable only on or before its issue date, or

(d) a permit under section 187 (1) or a licence under Division 2 of Part 6 is exercisable only on or before its issue date

with effect on and after that date.

Hearing requirements

237  (1) This section applies to hearings by the commission, superintendent or council under this Act.

(2) The commission, superintendent or council, depending on which of them has the power to take the action, must give written notice in accordance with the regulations of the intended action to any person who will be directly affected by it, before taking any of the following actions:

(a) making an order under section 26 (1) or (2), 48 (2), 67 (2), 93 (1) or (2), 99 (2), 109 (2), 125 (1), 137, 143, 144 (3), 193, 197, 231 (1), 244 (2) or (5), 245 (1), 247 (2) or (4), 249, 275 or 277 (d) to (g);

(b) refusing an order under section 245 (5);

(c) giving a consent referred to in section 235 (2) subject to conditions;

(d) imposing or varying conditions on a previously made order referred to in section 235 (1);

(e) imposing or varying conditions on a previously given consent referred to in section 235 (2);

(f) refusing to give a consent referred to in section 235 (2);

(g) issuing

(i)   a business authorization,

(ii)   a permit under section 187 (1), or

(iii)   a licence under Division 2 of Part 6,

subject to conditions;

(h) imposing or varying conditions in respect of a previously issued

(i)   business authorization,

(ii)   permit under section 187 (1), or

(iii)   licence under Division 2 of Part 6;

(i) refusing to issue a

(i)   business authorization,

(ii)   permit under section 187 (1), or

(iii)   licence under Division 2 of Part 6.

(3) Not later than 14 days after receiving notice under subsection (2) of an intended action, a person directly affected,

(a) by delivering notice in writing to the commission may require a hearing before the commission in any case in which it is the minister or the commission that intends to take the action, or

(b) by delivering notice in writing to the superintendent or the council, as appropriate, may require a hearing

(i)   before the superintendent in any case in which it is the superintendent who intends to take the action, and

(ii)   before the council in any case in which it is the council that intends to take the action.

(4) A hearing required under subsection (3) must be held within a reasonable time after delivery of the written notice under subsection (2).

(5) [Repealed 2004-48-102.]

(6) After

(a) the expiry of the 14 day period referred to in subsection (3) if no hearing has been required within that period, or

(b) after the hearing, if one has been required within that period,

the commission, the superintendent or the council, as the case may be, may proceed in the exercise of the powers conferred under this Act in respect of the matter that was the subject of the notice delivered under subsection (2).

Summary procedure — superintendent or council

238  (1) If the superintendent acting in accordance with a delegation by the commission, or the council, depending on which of them has the power to make the order,

(a) intends to make an order under section 48 (2), 93 (1) or (2), 99 (2), 144 (3), 231 (1) (g), (h), (i) or (j), 244 (2) or (5), 245 (1), 275 or 277 (d) to (f), and

(b) considers that the length of time that would be required to hold a hearing would be detrimental to the due administration of this Act,

then, despite section 237, the superintendent or council, as applicable, may make the intended order without giving a person directly affected by it an opportunity to be heard, but the superintendent or council, as soon as practicable after making the order, must deliver to that person

(c) a copy of the order and written reasons for it, and

(d) written notice of the person's rights under subsection (2).

(2) A person directly affected by an order made under subsection (1) may, within 14 days of receiving a copy of the order,

(a) require a hearing before the superintendent or council, as applicable, by delivering written notice to the superintendent or council, or

(b) appeal the order to the tribunal.

(3) Within a reasonable time after receiving written notice referred to in subsection (2) (a), the superintendent or council, as applicable, must hold the required hearing and following the hearing must confirm, revoke or vary the order.

Summary procedure — commission

238.1  (1) If the commission

(a) intends to make an order under section 48 (2), 93 (1) or (2), 99 (2), 144 (3), 244 (2) or (5), 245 (1), 275 or 277 (d) to (f), and

(b) considers that the length of time that would be required to hold a hearing would be detrimental to the due administration of this Act,

then, despite section 237, the commission may make the intended order without giving a person directly affected by it an opportunity to be heard, but the commission, as soon as practicable after making the order, must deliver to that person

(c) a copy of the order and written reasons for it, and

(d) written notice of the person's rights under subsection (2).

(2) The person directly affected by an order made under subsection (1) may, within 14 days of receiving a copy of the order,

(a) require a hearing before the commission by delivering written notice to the commission, or

(b) appeal the order to the Supreme Court, and, for this purpose, section 242.4 (2) to (4) applies.

(3) Within a reasonable time after receiving written notice referred to in subsection (2) (a), the commission must hold the required hearing and following the hearing must confirm, revoke or vary the order.

Public hearing

239  (1) A hearing before the commission, superintendent or council must be open to the public.

(2) If the commission, superintendent or council considers that a public hearing would be unduly prejudicial to a party or witness, the commission, superintendent or council, as the case may be, may order that the public be excluded from all or part of the hearing.

Witnesses at hearings

240  (1) For the purpose of hearings under this Act, the commission, a panel of it, the superintendent or the council has the same power

(a) to summon and enforce the attendance of witnesses,

(b) to compel witnesses to give evidence on oath or in any other manner, and

(c) to compel witnesses to produce records and things

that the Supreme Court has for the trial of civil actions, and the failure or refusal of a person

(d) to attend,

(e) to take an oath,

(f) to answer questions, or

(g) to produce the records or things in his custody or possession

makes the person, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(2) Section 34 (5) of the Evidence Act does not apply for the purpose of hearings under this Act.

(3) A person giving evidence at a hearing under this Act may be represented by counsel.

Costs of investigation

241  (1) A person convicted of an offence under this Act is liable, after review and filing of a certificate under this section, for the costs of the investigation of the offence.

(2) The commission may prepare a certificate setting out the cost of the investigation of an offence, including the cost of the time spent by the commission or the commission's staff and any fees paid to an expert, investigator or witness.

(3) The commission may apply to a master or registrar of the Supreme Court to review the certificate under the Supreme Court Civil Rules as if the certificate were a bill of costs, and on the review the master or registrar must review the costs and may vary them if the master or registrar considers that they are unreasonable or not related to the investigation.

(4) The tariff of costs in the Supreme Court Civil Rules does not apply to and in respect of a certificate reviewed under this section.

(5) On the review, the master or registrar of the Supreme Court must take into account any costs already paid by the defendant under section 233 before its repeal or section 241.1 (1) in respect of the same investigation.

(6) After review, the certificate may be filed in the court in which the proceedings were heard and may be enforced against the person convicted as if it were an order of the court.

Assessment of costs

241.1  (1) If an order results from an investigation or hearing, the commission, the superintendent or the council may by order require the financial institution, licensee, former licensee or other person subject to the order to pay the costs, or part of the costs, of either or both of the following in accordance with the regulations:

(a) an investigation;

(b) a hearing.

(2) Costs assessed under subsection (1)

(a) must not exceed the actual costs incurred by the commission, superintendent or council for the investigation and hearing, and

(b) may include the costs of remuneration for employees, officers or agents of the commission, superintendent or council who are engaged in the investigation or hearing.

(3) If a person fails to pay costs as ordered by the date specified in the order or by the date specified in the order made on appeal, if any, whichever is later, the commission, superintendent or council, as the case may be, may file with the court a certified copy of the order assessing the costs and, on being filed, the order has the same force and effect and all proceedings may be taken on the order as if it were a judgment of the court.

Appeal from a decision of the superintendent or council

242  (1) A person directly affected by any of the following decisions of the superintendent, the superintendent acting in accordance with a delegation by the commission, or the council, depending on which of them has the power to make the decision, may appeal the decision to the tribunal:

(a) an order under section 48 (2), 67 (2) and (2.1), 93, 99 (2), 109 (2), 125 (1), 137, 143, 144 (3), 193, 197, 231 (1), 241.1, 244 (2) or (5), 245 (1), 247 (2) or (4), 253.1 (8), 275 or 277 (d) to (f);

(b) a consent referred to in section 235 (2) given subject to conditions;

(c) the imposition or variation of conditions on a previously given consent referred to in section 235 (2);

(d) a refusal to give a consent referred to in section 235 (2);

(e) the issuance subject to conditions of

(i)  a licence under Division 2 of Part 6,

(ii)  a business authorization, or

(iii)  a permit under section 187 (1);

(f) the imposition or variation of a term, condition or restriction on a previously issued licence under Division 2 of Part 6;

(g) the imposition or variation of a condition on a previously issued

(i)  business authorization, or

(ii)  permit under section 187 (1);

(h) a refusal to issue

(i)  a business authorization, or

(ii)  a permit under section 187 (1);

(i) a refusal to issue a licence under Division 2 of Part 6.

(2) No person is disqualified from acting as a member of a panel of the tribunal on the hearing of an appeal only because the person is a depositor in a credit union, an extraprovincial credit union or an extraprovincial trust corporation or is a policy holder of an insurance company or extraprovincial insurance corporation that is the subject of the proceedings before the panel.

(3) The commission

(a) is a party to an appeal of a decision of the council to the tribunal, and

(b) may appeal a decision of the council to the tribunal.

(4) [Repealed 2003-51-28.]

Financial Services Tribunal

242.1  (1) The Financial Services Tribunal is continued consisting of

(a) one member appointed by the Lieutenant Governor in Council as the chair after a merit based process, and

(b) other members appointed by the Lieutenant Governor in Council after a merit based process and consultation with the chair.

(1.1) Tribunal members must faithfully, honestly and impartially perform their duties and must not, except in the proper performance of those duties, disclose to any person any information obtained as a member.

(2) The Lieutenant Governor in Council may designate one member of the tribunal to be vice chair after consultation with the chair.

(3) The Lieutenant Governor in Council may terminate the appointment of a member for cause.

(4) Sections 1, 3 to 7, 9 and 10 of the Administrative Tribunals Act apply to the tribunal.

(5) The chair

(a) is the chief executive officer of the tribunal,

(b) may hire and supervise staff required for the exercise of the powers and the performance of the duties of the tribunal, provided the staff are hired under the Public Service Act,

(c) may, subject to this Act and the regulations, establish forms and rules of practice and procedure, and

(d) must prepare and deliver to the minister an annual report describing the number of appeals heard by the tribunal, the issues under consideration, the disposition of those issues, and any other matter the minister may direct.

(6) [Repealed 2004-45-99.]

(7) Sections 11 to 16, 18 to 20, 22, 24, 31, 32, 35, 37 to 42, 44, 46.2, 47, 48 to 58, 60 and 61 of the Administrative Tribunals Act apply to appeals conducted by the tribunal.

Practice and procedure

242.2  (1) [Repealed 2004-45-100.]

(2) Subject to subsection (10) (a), a decision is not stayed by the filing of an appeal.

(3) On receipt of a notice of appeal and any prescribed fee, the chair must consider the appeal or assign another member of the tribunal to consider the appeal.

(4) At any time, the chair may do any of the following:

(a) extend or abridge any time limit contained in this section;

(b) refer a matter that is before a member to another member.

(c) and (d) [Repealed 2004-45-100.]

(5) Subject to subsection (8), an appeal is an appeal on the record, and must be based on written submissions.

(6) For the purposes of subsection (5), the record consists of the following:

(a) the record of oral evidence, if any, before the original decision maker;

(b) copies or originals of documentary evidence before the original decision maker;

(c) other things received as evidence by the original decision maker;

(d) the decision and written reasons for it, if any, given by the original decision maker.

(7) The original decision maker must forward the record described in subsection (6) to the chair within 14 days of receiving the chair's request for it.

(8) On application by a party, the member considering the appeal may do the following:

(a) permit oral submissions;

(b) permit the introduction of evidence, oral or otherwise, if satisfied that new evidence has become available or been discovered that

(i)   is substantial and material to the decision, and

(ii)   did not exist at the time the original decision was made, or, did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered.

(9) If oral submissions or new evidence are permitted under subsection (8), the member considering the appeal may

(a) require the parties to participate in any proceeding that might assist in clarifying or narrowing the facts or issues, or otherwise facilitating the appeal,

(b) make any order in respect of matters arising from a proceeding held under paragraph (a),

(c) subject to this Act, the regulations and any rules set by the chair under section 242.1 (5) (c), determine the manner in which a proceeding held under paragraph (a) or an appeal is conducted,

(d) require the party requesting the attendance of a witness to pay the costs in connection with the attendance of that witness, and

(e) proceed with a proceeding held under paragraph (a) or an appeal in the absence of the appellant, if the appellant has been given at least 10 days notice of the proceeding or the appeal, as applicable.

(10) In respect of an appeal,

(a) on application, the member hearing the appeal may

(i)   stay the decision under appeal for any length of time, with or without conditions, or

(ii)   lift a stay of a decision under appeal for any length of time, with or without conditions,

(b) at any time before or during a hearing, but before its decision, the member hearing the appeal may make an order requiring a person

(i)   to attend an oral or electronic hearing to give evidence on oath or affirmation or in any other manner that is admissible and relevant to an issue in an appeal, or

(ii)   to produce for the member hearing the appeal or a party a document or other thing in the person's possession or control, as specified by the member hearing the appeal, that is admissible and relevant to an issue in an appeal,

(b.1) the member hearing the appeal may apply to the court for an order

(i)   directing a person to comply with an order made by the member hearing the appeal under paragraph (b), or

(ii)   directing any directors and officers of a person to cause the person to comply with an order made by the member hearing the appeal under paragraph (b),

(c) the member hearing the appeal may permit a person who is not a party to the appeal to provide submissions in respect of the appeal if, in the opinion of the member, the submissions would substantially assist in the determination of the appeal,

(d) [Repealed 2004-45-100.]

(e) section 34 (5) of the Evidence Act does not apply,

(e.1) if an appellant withdraws all or part of an appeal or the parties advise the member hearing the appeal that they have reached a settlement of all or part of an appeal, the member may order that the appeal or part of it is dismissed, and

(f) [Repealed 2006-12-58.]

(g) the original decision maker is a party to an appeal of a decision of the original decision maker to the tribunal.

(11) The member hearing the appeal may confirm, reverse or vary a decision under appeal, or may send the matter back for reconsideration, with or without directions, to the person or body whose decision is under appeal.

(12) For a decision under subsection (11), the member hearing the appeal must provide written reasons, and forward those reasons to the chair for distribution to the parties.

(13) [Repealed 2004-45-100.]

Judicial review

242.3  (1) In respect of this Act or any other Act that confers jurisdiction on the tribunal, the tribunal has exclusive jurisdiction to

(a) inquire into, hear and determine all those matters and questions of fact and law arising or requiring determination, and

(b) make any order permitted to be made.

(2) A decision of the tribunal on a matter in respect of which the tribunal has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

Appeal from a decision of the commission

242.4  (1) A person directly affected by any of the following decisions of the commission may appeal the decision to the Supreme Court:

(a) an order under section 48 (2), 67 (2) and (2.1), 93, 99 (2), 109 (2), 125 (1), 137, 143, 144 (3), 193, 197, 231 (1), 241.1, 244 (2) or (5), 245 (1), 247 (2) or (4), 253.1 (8), 275 or 277 (d) to (g);

(b) a consent referred to in section 235 (2) given subject to conditions;

(c) the imposition or variation of conditions on a previously given consent referred to in section 235 (2);

(d) the refusal to give a consent referred to in section 235 (2);

(e) the issuance, subject to conditions, of

(i)   a business authorization, or

(ii)   a permit under section 187 (1);

(f) the imposition or variation of a condition on a previously issued

(i)   business authorization, or

(ii)   permit under section 187 (1);

(g) a refusal to issue

(i)   a business authorization, or

(ii)   a permit under section 187 (1).

(2) The commission is a party to an appeal of a decision of the commission to the Supreme Court.

(3) An appeal under subsection (1) is an appeal on the record.

(4) For the purposes of subsection (3), the record consists of the following:

(a) the record of oral evidence, if any, before the commission;

(b) copies or originals of documentary evidence before the commission;

(c) other things received as evidence by the commission;

(d) the commission's decision;

(e) the written reasons for the decision, if any.

(5) An appeal under subsection (1) must be commenced not more than 30 days after the earlier of the following:

(a) the mailing to the appellant, at the appellant's most recent address known to the commission of a notice of the decision to be appealed;

(b) actual notice to the appellant of the decision to be appealed.

Immunities

243  (1) No action for damages because of anything done or omitted to be done in good faith

(a) in the performance or purported performance of any duty, or

(b) in the exercise or purported exercise of any power

under this Act may be brought against the commission, a member of it, an administrator appointed under section 248 (2) or 277 (e), a person appointed under section 277.2, the superintendent, the council, a member of it or a person who is subject to the commission's, superintendent's, council's or deposit insurance corporation's direction.

(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission of

(a) the commission or a member of it,

(b) an administrator appointed under section 248 (2) or 277 (e) or a person appointed under section 277.2,

(c) the superintendent,

(d) the council or a member of it, or

(e) a person who is subject to the commission's or the superintendent's direction

for which act or omission the government would be vicariously liable if this section were not in force.

(3) Subsection (1) does not absolve the deposit insurance corporation from vicarious liability for an act or omission of a person who is subject to the deposit insurance corporation's direction for which act or omission the deposit insurance corporation would be vicariously liable if this section were not in force.

(4) Subject to subsection (5), all communications with, and information supplied and records or things produced to, the commission, superintendent or council with respect to

(a) an applicant for an insurance agent, insurance salesperson, insurance adjuster or employed insurance adjuster licence, a licensee or former licensee,

(b) an applicant for a business authorization or a permit under section 187,

(c) an inquiry, examination or investigation under this Act, or

(d) the compliance of a person with this Act

are privileged and no action may be brought against a person as a consequence of the person having made that communication.

(5) Subsection (4) does not apply to a person who makes a communication, supplies information or produces records or things maliciously.

Contents  |  Part 1  |  Part 2  |  Part 3  |  Part 4  |  Part 5  |  Part 6  |  Part 7  |  Part 8  |  Part 9  |  Part 10